(local) policy comparison packet

Odessa College Regular Meeting Tuesday, February 25, 2020 6:30 PM

AGENDA OF REGULAR MEETING

Odessa College Board of Trustees

Tuesday, February 25, 2020, 6:30 PM

Zant Community Room, 2nd Floor, Saulsbury Campus Center

1. Call to Order - Mr. Tommy Clark

2. Pledge of Allegiance: United States & Texas - Mr. Tommy Clark

3. Introduce Men's Basketball Team - Mr. Wayne Baker

4. Introduce New Employees - Ms. Lindsey Bryant

5. Approval of Minutes of Regular Meeting of January 28, 2020 - Mr. Tommy Clark 3

6. Action Items:

A. Committee Reports

1. Personnel/Policy Committee - Mr. Bruce Shearer

a. Review & Consider Policy Update 37 8

2. Property Committee - Mr. Larry Johnson

a. Report on Approval of Bid for Globe Theatre Landscape Project 81

3. Finance Committee - Mr. Gary Johnson

a. Approval of Tuition & Fee Rates for Fall 2020 82

b. Approval of New Authorized Investment Business Organization 85

B. Monthly Financial Statements & Budget Amendments - Ms. Brandy Ham 86

7. Informational Items:

A. Education Report - Financial Aid Update - Ms. Kim McKay

B. Institutional Effectiveness Report - Dr. Don Wood

C. President's Report - Dr. Gregory Williams

1. OC Hosted Texas Alliance for Minorities in Engineering Competition

2. Dream 2020 Conference Update

3. Odessa College Rodeo

4. Sewell Auto Tech Grand Opening - February 27

5. Odessa College Alumni Luncheon

6. Odessa College Hall of Fame Inductee Virginia Chisum

8. Adjournment - Mr. Tommy Clark

______________________________

Gregory D. Williams, Ed.D., President

EXECUTIVE/ CLOSED SESSION: If during the course of the meeting, any discussion of any item on the agenda should

be held in executive or closed session, the Board will convene in such executive or closed session in accordance with the

Texas Open Meeting Act, Section §551.001 of the Texas Government Code.

Minutes of a Regular Meeting of the Odessa College Board of Trustees held Tuesday, January 28,

2020, in the Zant Community Room, Saulsbury Campus Center, with the following:

Present Absent Tommy Clark Richard Abalos Dr. Tara Deaver Royce Bodiford Neil Grape Gary Johnson Larry Johnson J. E. “Coach” Pressly Bruce Shearer

Meeting was called to order by Board of Trustees Chair, Mr. Tommy Clark, at 6:33 p.m.

Pledge of Allegiance: United States & Texas Mr. Clark led the group in the pledges.

Introduce Dance Team

Mr. Wayne Baker, Athletic Director, introduced the Dance team. Mr. Baker stated that the 4 time back-to-back hip-hop champions would be returning to the championships in Denton in March. OC Employee Donnie Frederick

Mr. Ken Zartner, Vice President of Administrative Services, stated that the OC family lost one of its own on January 24th with the passing of Construction Foreman, Donnie Frederick. Mr. Frederick began his employment at Odessa College on November 8, 2010. A moment of silence was observed in Mr. Frederick’s honor. Introduce New Employees Ms. Lindsey Bryant, Director of Human Resources, introduced the following new employees: Melissa Baggett - College Connection Coach Pervis Evans – Dean of Liberal Arts & Education w/ STEM

Andrew Garcia – PC and Technology Technician Anthony Mata – Welding Instructor Christina Nickell – Law Enforcement Academy Secretary Kevin Quintana – Student Services Specialist Antonio Ramirez – Pecos Center Coordinator Shane Segovia – Assistant Baseball Coach Winston Tarpley – Mover & Set-Up Technician Adam Williamson – Systems Analyst

Approval of Minutes of Regular Meeting of December 5, 2019 Mr. Gary Johnson moved, seconded by Mr. Shearer, to approve the minutes of the Regular Meeting

of December 5, 2019.

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Motion passed unanimously.

Committee Reports

1. Personnel/Policy Committee a. Approval of Lone Finalist for Vice President for Instruction

Committee Chair, Mr. Shearer, stated that the Personnel/Policy Committee met recently to interview Dr. Tramaine Anderson, lone finalist for Vice President for Instruction. Mr. Shearer moved, seconded by Dr. Deaver, to approve Dr. Tramaine Anderson for Vice President for Instruction.


Financial Reports

1. Monthly Financial Statements & Budget Amendments Ms. Brandy Ham, Chief Financial Officer, highlighted various areas of the financial statements and budget amendments as printed below:

(Kristi Gibbs will put financial reports in minute book)

Mr. Gary Johnson moved, seconded by Mr. Shearer, to approve the Monthly Financial Statements and Budget Amendments.


2. Vision 2030 Report

Ms. Ham stated that as plans begin for Vision 2030, a Vision 2030 Summary Report will be added to the current financial reports. Available Funds: FY19-20 allocated funds from budget $1,300,000.00 Board designated 25% from RY 19 audit 356,642.00 Foundation donation received 500,000.00 $2,156,642.00 Expended Funds: Admin Fees $ 12,477.50 Terrace Apartments 533,141.00 Health Sciences Building 9,332.50 $ 554,921.00

3. Quarterly & Annual Investment Reports

Ms. Ham reviewed the Quarterly Investment Report for the quarter ending November 30, 2019,

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including our statements of compliance and a snapshot of the portfolio:

Face Amount/Shares $ 17,679,183.43 Market Value Total $ 17,791,564.52 Book Value Total $ 17,745,645.21 Yield to Maturity 2.07 Days to Maturity 253

Ms. Ham reported the following quarter end results by Asset Class for the quarter ending November 30, 2019, as follows:

Market Value Book Value (Cost) Yield

CD’s $ 1,735,702 $ 1,730,000 2.25%

Municipal Bonds $7,846,679 $ 7,806,462 2.35%

Money Market $ 2,202,156 $ 2,202,156 1.48%

Public Investment Pools $ 6,007,027 $ 6,007,027 1.88%

TOTAL $ 17,791,564 $ 17,745,645 2.07%

Annualized Performance Interest Earned

This Quarter $ 122,867

Fiscal Year to Date $ 122,867

The annualized total rate of return on November 30, 2019, was 2.07%. The benchmark yield was 1.57%.

Mr. Gary Johnson moved, seconded by Mr. Shearer, to approve the Quarterly & Annual Investment Reports.

Motion passed unanimously. Review of OC Mission Statement

Ms. Connie May, Executive Director of Institutional Effectiveness, shared the Odessa College Mission Statement with the group.

Odessa College shall lead the way in preparing its students and community for the future. The Odessa College District offers exemplary courses, programs, and services to assist students in achieving their educational goals and becoming lifelong learners, community builders, and global citizens. Odessa College shall empower its employees to model excellence in their service to students, colleagues, and the community.

Ms. May stated that it is the Board’s practice to review the College’s Mission Statement on an annual basis. She highlighted that the current Odessa College Mission Statement supports the newly approved SACSCOC Level II status which allows Odessa College to offer Bachelor of Applied Arts & Sciences degrees. Mr. Shearer moved, seconded by Dr. Deaver, to approve the Odessa College Mission Statement.

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Motion passed unanimously. Education & Institutional Effectiveness Report: Best Fall Ever

Dr. Gregory Williams, President, stated that 2020 was off to a great start and we expect to have our best year ever. Dr. Williams shared a recent graduation video. Dr. Williams, Kim McKay - Vice President for Student Services & Enrollment Management, Dr. Don Wood - Vice President for Institutional Effectiveness & Acting VP for Instruction, Ms. Jacqui Gore - Executive Director of Advancement, Mr. Ken Zartner – Vice President of Administration, and Dr. Jonathan Fuentes – Executive Director for Academic Partnerships, shared the following information:

99 – The percent of employees that participated in the employee giving program in 2019 99 – The percent of employees participated in the All In program in 2019 99 – The percent of employees that gave to the United Way Campus Campaign in 2019

100,000 – The dollars raised by total employee giving in 2019 175 – The dollar amount each employee will earn if they double-down this term 256 – The number of faculty members that have visited the new Professional Learning Center 378,000 – The dollar amount raised for the Student Success Scholarship in 2019 400 – Attended the 2019 OC Honors event – double the 2018 attendance 440 – Scholarships awarded for Fall 2019 2/13 – Save the date for the Homecoming Alumni Luncheon 11/10 – Save the date for OC Honors with guest speaker Geoffrey Canada

3.6% – Lowest drop rate for any fall semester 6,843 / 20,230 – Highest unduplicated and duplicated enrollment of all time >1 million – Greatest number of completed contact hours of all time 46,959 – Greatest number of completed credits of all time >81% / 6 years – For 6 consecutive years, the average student success rate for all courses is over 81% 167 – Households served by the Wrangler Food Pantry through the winter break 2,497 – Highest unduplicated dual credit enrollment in a fall semester ever

Dr. Wood stated that Odessa College became a Leader College for the first time in 2013. Once granted Leader College status, colleges must reapply every 3 years. The second application required us to show progress and in 2016 were again named a Leader College. In 2019, the application required us to show much more detail and progress. Odessa College received the Aspen Rising Star Award in 2017 and 2019 – each with a $100,000 prize – the most awarded to any Texas college. This year the application for the 2021 Aspen Prize for Community College Excellence was very different than the application 2 years ago. Colleges from all over the nation continue to contact us to learn about our initiatives. One of the colleges that implemented several of our initiatives received (for the first time) an invitation to apply for the 2021 Aspen Prize. Education Philanthropy just gave $2 million to a group that is putting some of our programs into other colleges around the nation. The Community College Research Center at Columbia University will do a study to show the advantages of our programs. Odessa College has created a national movement that we can all be proud of. Dr. Jonathan Fuentes stated that the Teaching in 3 program hit their target of over 100 students and are recruiting for the next cohort. This program will make a huge impact on the teaching shortage in our community. Our new Bachelor of Applied Arts and Sciences degrees now have 107 students for Spring 2020. Mr. Ken Zartner stated that while we celebrate the best decade ever, plans have already begun for the next 10 years with planning and fundraising for Vision 2030. We end the Vision 2015 campus improvement project with the grand opening of Sewell Auto Tech this month. Mr. Zartner shared pictures of the Sewell Auto Tech facility. Mr. Zartner also shared the initial schematic design for

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the proposed Health Sciences Building. President’s Report 1. Achieving the Dream Leader College

Achieving the Dream will announce the next group of Leader Colleges at the Dream 2020 conference in February. Odessa College was selected as a Leader College during the last 2 cycles. Far from being a foregone conclusion – in this cycle, Achieving the Dream placed even more rigorous requirements on becoming a Leader College.

2. Mobile Fab Lab Update

The Fab Lab Permian Basin at Odessa College is a partnership between the Fab Foundation, Chevron Corporation, and Odessa College. As you know, the main Fab Lab is located in Sedate Hall, but we also have a Mobile Lab which travels around the Permian Basin (and occasionally to Austin) to visit schools, businesses and community organizations. The Fab@School program allows schools throughout the Permian Basin to receive the Mobile Fab Lab for a full week. In the past 6 months the Mobile Fab Lab has seen a total of 4,852 students. (The Fab Lab and the Mobile Fab Lab have seen a total of 7,194 students). In that same 6 months, 54 teachers have been trained – for a total of over 300 teachers trained since the Fab Lab opened. Those teachers impact approximately 6,000 students. Dr. Williams introduced Mobile Fab Lab Coordinator, Seline Watts.

3. Homecoming Week – February 10-13

Homecoming week festivities kick off on Monday, February 10 in the Saulsbury Campus Center with activities every day through Thursday, February 13th. On February 13th there will be a pep rally at 11:30 a.m. in the Saulsbury Campus Center foyer, followed by a tailgate at 5:00 p.m. at the Sports Center. Food is $5 for employees and the community. Following the tailgate party, the Women’s & Men’s basketball teams take on Howard College starting at 5:45.

4. Sewell Auto Tech Grand Opening

We hope you will make plans to join us for the Sewell Auto Tech Grand Opening event on Thursday, February 27, from 5-7 p.m. Tours begin at 5:00 p.m. and the program begins at 5:30 p.m.

Adjournment

The meeting was adjourned at 7:30 p.m. __________________________________ __________________________________ Secretary Chair

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(LOCAL) Policy Comparison Packet

This packet is generated by an automated process that compares the updated policy to

the district’s current policy as found in TASB records.

In this packet, you will find:

Policies being recommended for revision (annotated)

New policies (not annotated)

Policies recommended for deletion are not included. If you want to include the text of

these policies in the information given to the Board, you may download them from Policy

On Line.

Annotations are shown as follows.

Deletions are shown in a red strike-through font: deleted text.

Additions are shown in a blue, bold font: new text.

Blocks of text that have been moved without alteration are shown in green, with

double underline and double strike-through formatting to distinguish the text’s

destination from its origin: moved text becomes moved text.

Revision bars appear in the right margin, as above.

Note: While the annotation software competently identifies simple changes, large or

complicated changes—as in an extensive rewrite—may be more difficult to

follow. In addition, TASB’s recent changes to the policy templates to facilitate

accessibility sometimes makes formatting changes appear tracked, even

though the text remains the same.

For further assistance in understanding policy changes, please refer to the explanatory

notes in your Localized Policy Manual update packet or contact your policy consultant.

Contact: School Districts and

Education Service Centers Community Colleges

[email protected]

800.580.7529

512.467.0222

[email protected]

800.580.1488

512.467.3689

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mailto:[email protected]

mailto:[email protected]

Odessa College 068501 BOARD MEMBERS BBF ETHICS (LOCAL)

DATE ISSUED: 122/5/20191996 1 of 2 UPDATE 3711 BBF(LOCAL)-AJC

As a member of the Board, I will strive to improve community col-

lege education, and to that end I shall adhere to all state and fed-

eral laws, College District policies, and the following ethical stand-

ards:

1. Attend all regularly scheduled Board meetings insofar as pos-

sible, and become informed concerning issues to be consid-

ered at those meetings.

2. Bring about desired changes through legal and ethical proce-

dures, upholding and enforcing all applicable statutes, regula-

tions, and court decisions pertaining to community colleges.

3. Work with other Board members to establish effective Board

policies and to delegate authority for the administration of the

College District to the College President.Chief Executive Of-

ficer.

4. Establish and adhere toWork with other Board members to

establish effective policies and practices prohibiting unlawful

discrimination, including conduct that constitutes sexual har-

assment on the basis of sex, gender, race, color, national

origin, religion, age, disability, or any other basis prohibited by

law. .

5. Recognize that I should endeavor to make policy decisions

only after full discussion at publicly held Board meetings.

6. Render all decisions based on the available facts and my in-

dependent judgment, and refuse to surrender that judgment

to individuals or special interest groups.

7. Encourage the free expression of opinion by all Board mem-

bers, and seek systematic communications between the

Board and students, staff, and all elements of the community.

8. Communicate to other Board members and the College

PresidentChief Executive Officer expressions of public reac-

tion to Board policies and College Districtcollege programs.

9. Inform myself about current educational issues by individual

study and through participation in programs providing needed

information, such as those sponsored by the Texas Associa-

tion of Community Colleges, the American Association of

Community Colleges, and the Association of Community Col-

lege Trustees.

10. Support the employment of those persons best qualified to

serve as College Districtcollege staff, and insist on a regular

and impartial evaluation of all staff.

Statement of Ethics

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Odessa College 068501 BOARD MEMBERS BBF ETHICS (LOCAL)

DATE ISSUED: 122/5/20191996 ADOPTED: 2 of 2 UPDATE 3711 BBF(LOCAL)-AJC

11. Avoid being placed in a position of conflict of interest, and re-

frain from using my Board position for personal or partisan

gain.

12. Take no private action that will compromise the Board or ad-

ministration, and respect the confidentiality of information that

is privileged under applicable law.

13. Remember always that my first and greatest concern must be

the educational welfare of the students attending the College

Districtcollege.

REFERENCE: derived from National School Boards Associa-

tion

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Odessa College 068501 BOARD MEMBERS BBI TECHNOLOGY RESOURCES AND ELECTRONIC COMMUNICATIONS (LOCAL)

DATE ISSUED: 12/5/2019 ADOPTED: 1 of 1 UPDATE 37 BBI(LOCAL)-AJC

Note: For employee, student, and community use of College

District technology resources, see CR.

For purposes of this policy, “technology resources” means elec-

tronic communication systems and electronic equipment.

Access to the College District’s technology resources, including the

internet, shall be made available to Board members primarily for

official duties and in accordance with administrative regulations.

Limited personal use of the College District’s technology resources

shall be permitted if the use:

1. Imposes no tangible cost on the College District; and

2. Does not unduly burden the College District’s technology re-

sources.

A Board member shall be required to acknowledge receipt and un-

derstanding of the user agreement governing use of the College

District’s technology resources and shall agree in writing to allow

monitoring of his or her use. Noncompliance may result in suspen-

sion of access or termination of privileges. Violations of law may re-

sult in criminal prosecution.

Electronic mail transmissions and other use of the College Dis-

trict’s technology resources by a Board member shall not be con-

sidered private. The College President or designee shall be author-

ized to monitor the College District’s technology resources at any

time to ensure appropriate use.

The College District shall not be liable for a Board member’s inap-

propriate use of technology resources, violations of copyright re-

strictions or other laws, mistakes or negligence, or costs incurred.

The College District shall not be responsible for ensuring the avail-

ability of the College District’s technology resources or the accu-

racy, appropriateness, or usability of any information found on the

internet.

A Board member shall retain electronic records, whether created or

maintained using the College District’s technology resources or us-

ing personal technology resources, in accordance with the College

District’s record management program. [See BBE, CIA, and GCB]

Technology Resources

Availability of Access

Limited Personal Use

Acceptable Use

Monitored Use

Disclaimer of Liability

Records Retention

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Odessa College 068501 BOARD MEETINGS BD (LOCAL)

DATE ISSUED: 12/59/9/2019 1 of 2 UPDATE 37LDU 2019.04 BD(LOCAL)-X

The notice for a Board meeting shall reflect the date, time, and lo-

cation of the meeting.

Regular meetings of the Board shall typically be held on the fourth

Tuesday of each month at 6:30 p.m. When determined necessary

and for the convenience of Board members, the Board Chair may

change the date, time, or location of a regular meeting with proper

notice.

Board meetings shall not normally be held in June or November of

each year.

If a quorum is not present at the time of the scheduled meeting, the

Board members who are present shall wait 15 minutes.

The Board Chair shall call a special meeting at the Board Chair’s

discretion or on request by three members of the Board.

The Board Chair shall call an emergency meeting when it is deter-

mined by the Board Chair or four members of the Board that an

emergency or urgent public necessity, as defined by law, warrants

the meeting.

A Board member may request that a subject be included on the

agenda for a meeting. The deadline for submitting items for inclu-

sion on the agenda is 5:00 p.m. on the fifth calendar day before

regular meetings and 5:00 p.m. on the fifth calendar day before

special meetings.

The College President shall compile for review by the Board Chair

all topics timely submitted by Board members, topics requested by

the Board, and topics suggested by the College President.

The Board Chair and the College President shall confer regarding

the proposed topics, and the Board Chair shall determine the top-

ics for the official meeting agenda. The Board Chair shall ensure

that any topic the Board or individual Board members have re-

quested be addressed are either on the meeting agenda or sched-

uled for deliberation at an appropriate time in the near future. The

Board Chair shall not refuse to assign a topic requested by a Board

member to an agenda and, once assigned, shall not have the au-

thority to remove the topic from the agenda without that Board

member’s specific authorization.

When the agenda is prepared, the Board Chair shall determine

items, if any, that qualify to be placed on the consent agenda. A

consent agenda shall include items of a routine and/or recurring

nature grouped together under one action item. For each item

listed as part of a consent agenda, the Board shall be furnished

with background material. All such items shall be acted upon by

Meeting Place and Time

Regular Meetings

Special or Emergency Meetings

Agenda

Submission of Topics

Preparation

Consent Agenda

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Odessa College 068501 BOARD MEETINGS BD (LOCAL)

DATE ISSUED: 12/59/9/2019 ADOPTED: 2 of 2 UPDATE 37LDU 2019.04 BD(LOCAL)-X

one vote without separate discussion, unless a Board member re-

quests that an item be withdrawn for individual consideration. The

remaining items shall be adopted under a single motion and vote.

Members of the Board shall be given notice of regular and special

meetings at least 72 hours prior to the scheduled time of the meet-

ing and at least one hourtwo hours prior to the time of an emer-

gency meeting.

Notice of all meetings shall provide for the possibility of a closed

meeting during an open meeting, as provided by law. The Board

may conduct a closed meeting when the agenda subject is one

that may properly be discussed in closed meeting. [See BDA]

The order of business for regular Board meetings shall be as set

out in the agenda accompanying the notice of the meeting. At the

meeting, the order in which posted agenda items are taken may be

changed by consensus of Board members present.

The Board shall observe the parliamentary procedures as found in

Robert’s Rules of Order, Newly Revised, except as otherwise pro-

vided in Board procedural rules or by law. Procedural rules may be

suspended at any Board meeting by majority vote of the members

present.

Voting shall be by voice vote or show of hands, as directed by the

Board Chair. Any member may abstain from voting, and a mem-

ber’s vote or failure to vote shall be recorded upon that member’s

request.

Board action shall be carefully recorded by the Board Secretary or

clerk; when approved, these minutes shall serve as the legal rec-

ord of official Board actions. The written minutes of all meetings

shall be approved by vote of the Board and signed by the Board

Chair and the Board Secretary.

The official minutes of the Board shall be retained on file in the of-

fice of the College President and shall be available for examination

during regular office hours.

Discussions shall be addressed to the Board Chair and then the

entire membership. Discussion shall be directed solely to the busi-

ness currently under deliberation, and the Board Chair shall halt

discussion that does not apply to the business before the Board.

The Board Chair shall also halt discussion if the Board has agreed

to a time limitation for discussion of an item, and that time limit has

expired. Aside from these limitations, the Board Chair shall not in-

terfere with debate so long as members wish to address them-

selves to an item under consideration.

Notice to Members

Closed Meeting

Order of Business

Rules of Order

Voting

Minutes

Discussions and Limitation

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Odessa College 068501 BOARD MEETINGS BDB PUBLIC PARTICIPATION (LOCAL)

DATE ISSUED: 12/5/20194/27/2018 ADOPTED: 1 of 2 UPDATE 3734 BDB(LOCAL)-AJC

Audience participation at a Board meeting is limited to the public

comment portion of the meeting designated to receive public com-

ment in accordance with this policyfor that purpose. At all other

times during a Board meeting, the audience shall not enter into

discussion or debate on matters being considered by the Board,

unless requested by the presiding officer.

At regular Board meetings, the Board shall permit public comment,

regardless of whether the topic is an item on the agenda posted

with notice of the meeting.

At all other Board meetings, public comment shall be limited to

items on the agenda posted with notice of the meeting.

Individuals who wish to participate during the allot a portion of the

meeting designated for public commentto hear persons who desire

to make comments to the Board. Persons who wish to participate

in this portion of the meeting shall sign up with the presiding officer

or designee before the meeting begins as specified in the Board’s

procedures on public comment and shall indicate the agenda item

or topic onabout which they wish to address the Board. speak.

Public commentNo presentation shall occur at the beginning of the

meeting.

Except as permitted by this policy and the Board’s procedures, an

individual’s comments to the Board shall not exceed threethree

minutes per meeting.

When necessary for effective meeting management or to accom-

modate large numbers of individuals wishing to address the Board,

the presiding officer may make adjustments to public comment

procedures, including:

Adjusting when public comment will occur during the meeting;

Reordering agenda items;

Deferring public comment on nonagenda items; and

Continuing agenda items to a later meeting.

However, public comment on agenda items shall not be moved af-

ter the agenda items have been heard. The presiding officer may

also provide expanded opportunity for public comment, establish

an overall time limit for public comment, and adjust the time allot-

ted to each speaker. However, no individual shall be given less.

Delegations of more than five persons shall appoint one minute to

make comments. person to present their views before the Board.

Limit on Participation

Public Comment

Regular Meetings

Special Meetings

Procedures

Meeting Management

Board’s Response

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Odessa College 068501 BOARD MEETINGS BDB PUBLIC PARTICIPATION (LOCAL)

DATE ISSUED: 12/5/20194/27/2018 ADOPTED:ADOPTED: 2 of 2 UPDATE 3734 BDB(LOCAL)-AJC

Specific factual information or recitation of existing policy may be

furnished in response to inquiries, but the Board shall not deliber-

ate or decide regarding any subject that is not included on the

agenda posted with notice of the meeting.

The presiding officer or designee shall determine whether an indi-

viduala person addressing the Board has attempted to solve a mat-

ter administratively through resolution channels established by pol-

icy. If not, the Board shall hear the complaint or concern and refer

the individualperson shall be referred to the appropriate policy (see

list below) to seek resolution:

Employee complaints: DGBA

Student complaints: FLD

Public complaints: GB

The Board shall not tolerate disruption of the meeting by members

of the audience. If, after at least one warning from the presiding

officer, any individualperson continues to disrupt the meeting by his

or her words or actions, the presiding officer may request assis-

tance from law enforcement officials to have the individualperson

removed from the meeting.

Complaints and Concerns

Disruption

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Odessa College 068501 APPROPRIATIONS AND REVENUE SOURCES CAK INVESTMENTS (LOCAL)

DATE ISSUED: 12/5/201912/2017 ADOPTED: 1 of 5 UPDATE 3733 CAK(LOCAL)-AJC

The College PresidentThe College President or other person des-

ignated by Board resolution shall serve as the investment officer of

the College District and shall invest College District funds as di-

rected by the Board and in accordance with the College District’s

written investment policy and generally accepted accounting pro-

cedures. All investment transactions except investment pool funds

and mutual funds shall be settled on a delivery versus payment

basis.

From those investments authorized by law and described further in

CAK(LEGAL) under Authorized Investments, the Board shall permit

investment of College District funds, including bond proceeds and

pledged revenue to the extent allowed by law, in only the following

investment types, consistent with the strategies and maturities de-

fined in this policy:

1. Obligations of, or guaranteed by, governmental entities as

permitted by Government Code 2256.009.

2. Certificates of deposit and share certificates as permitted by

Government Code 2256.010.

3. Fully collateralized repurchase agreements permitted by


4. A securities lending program as permitted by Government

Code 2256.0115.

5. Banker’s acceptances as permitted by Government Code

2256.012.

6. Commercial paper as permitted by Government Code

2256.013.

7. No-load money market mutual funds, except for bond pro-

ceeds, and no-load money market mutual funds as permitted

by Government Code 2256.014.

8. A guaranteed investment contract as an investment vehicle

for bond proceeds, provided it meets the criteria and eligibility

requirements established by Government Code 2256.015.

9. Public funds investment pools as permitted by Government

Code 2256.016.

10. Cash management and fixed income funds as permitted by


11. Negotiable certificates of deposit as permitted by Government

Code 2256.020.

Investment Authority

Approved Investment Instruments

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12. Corporate bonds, debentures, or similar debt obligations as

permitted by Government Code 2256.020.

The primary goal of the investment program is to ensure safety of

principal, to maintain liquidity, and to maximize financial returns

within current market conditions in accordance with this policy. In-

vestments shall be made in a manner that ensures the preserva-

tion of capital in the overall portfolio, and offsets during a 12-month

period any market price losses resulting from interest-rate fluctua-

tions by income received from the balance of the portfolio. No indi-

vidual investment transaction shall be undertaken that jeopardizes

the total capital position of the overall portfolio.

In accordance with Government Code 2256.005(b)(3), the quality

and capability of investment management for College District funds

shall be in accordance with the standard of care, investment train-

ing, and other requirements set forth in Government Code Chapter

2256.

Any internally created pool fund group of the College District shall

have a maximum dollar weighted maturity of 180 days. The maxi-

mum allowable stated maturity of any other individual investment

owned by the College District shall not exceed one year from the

time of purchase. The Board may specifically authorize a longer

maturity for a given investment, within legal limits.

The College District’s investment portfolio shall have sufficient li-

quidity to meet anticipated cash flow requirements.

The investment portfolio shall be diversified in terms of investment

instruments, maturity scheduling, and financial institutions to re-

duce risk of loss resulting from overconcentration of assets in a

specific class of investments, specific maturity, or specific issuer.

The investment officer shall monitor the investment portfolio and

shall keep the Board informed of significant changes in the market

value of the College District’s investment portfolio. Information

sources may include financial/investment publications and elec-

tronic media, available software for tracking investments, deposito-

ry banks, commercial or investment banks, financial advisers, and

representatives/advisers of investment pools or money market

funds. Monitoring shall be done at least quarterly, as required by

law, andat least quarterly, as required by law, and more often as

economic conditions warrant by using appropriate reports, indices,

or benchmarks for the type of investment.

In accordance with Government Code 2256.005(b), the investment

officer shall develop a procedure to monitor changes in investment

Safety

Investment Management

Liquidity and Maturity

Diversity

Monitoring Market Prices

Monitoring Rating Changes

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ratings and to liquidate investments that do not maintain satisfacto-

ry ratings.

Investments of the following fund categories shall be consistent

with this policy and in accordance with the applicable strategy de-

fined below. All strategies described below for the investment of a

particular fund should be based on an understanding of the suita-

bility of an investment to the financial requirements of the College

District and consider preservation and safety of principal, liquidity,

marketability of an investment if the need arises to liquidate before

maturity, diversification of the investment portfolio, and yield.

Investment strategies for operating funds (including any commin-

gled pools containing operating funds) shall have as their primary

objectives preservation and safety of principal, investment liquidity,

and maturity sufficient to meet anticipated cash flow requirements.

Investment strategies for custodialagency funds shall have as their

primary objectives preservation and safety of principal, investment

liquidity, and maturity sufficient to meet anticipated cash flow re-

quirements.

Investment strategies for debt service funds shall have as their

primary objective sufficient investment liquidity to timely meet debt

service payment obligations in accordance with provisions in the

bond documents. Maturities longer than one year are authorized

provided legal limits are not exceeded.

Investment strategies for capital project funds shall have as their

primary objective sufficient investment liquidity to timely meet capi-

tal project obligations. Maturities longer than one year are author-

ized provided legal limits are not exceeded.

The College District shall retain clearly marked receipts providing

proof of the College District’s ownership. The College District may

delegate, however, to an investment pool the authority to hold legal

title as custodian of investments purchased with College District

funds by the investment pool.

Prior to handling investments on behalf of the College District, a

broker/dealer or a qualified representative of a business organiza-

tion must submit required written documents in accordance with

law.

Representatives of brokers/dealers shall be registered with the

Texas State Securities Board and must have membership in the

Securities Investor Protection Corporation (SIPC), and be in good

standing with the Financial Industry Regulatory Authority (FINRA).

Funds / Strategies

Operating Funds

CustodialAgency Funds

Debt Service Funds

Capital Project Funds

Safekeeping and Custody

Sellers of Investments

18



In order to get the best return on its investments, the College Dis-

trict may solicit bids for certificates of deposit in writing, by tele-

phone, or electronically, or by a combination of these methods.

To reduce exposure to changes in interest rates that could ad-

versely affect the value of investments, the College District shall

use final and weighted-average-maturity limits and diversification.

The College District shall monitor interest rate risk using weighted

average maturity and specific identification.

A system of internal controls shall be established and documented

in writing and must include specific procedures designating who

has authority to withdraw funds. Also, they shall be designed to

protect against losses of public funds arising from fraud, employee

error, misrepresentation by third parties, unanticipated changes in

financial markets, or imprudent actions by employees and officers

of the College District. Controls deemed most important shall in-

clude:

1. Separation of transaction authority from accounting and

recordkeeping and electronic transfer of funds.

2. Avoidance of collusion.

3. Custodial safekeeping.

4. Clear delegation of authority.

5. Written confirmation of telephone transactions.

6. Documentation of dealer questionnaires, quotations and bids,

evaluations, transactions, and rationale.

7. Avoidance of bearer-form securities.

These controls shall be reviewed by the College District’s inde-

pendent auditing firm.

In addition to the quarterly report required by law and signed by the

College District’s investment officer, a comprehensive report on the

investment program and activity shall be presented annually to the

Board.

The Board shall review this investment policy and investment

strategies not less than annually and shall document its review in

writing, which shall include whether any changes were made to

either the investment policy or investment strategies.

In conjunction with the annual financial audit, the College District

shall perform a compliance audit of management controls on in-

Soliciting Bids for CDs

Interest Rate Risk

Internal Controls

Portfolio Report

Annual Review

Annual Audit

19


DATE ISSUED: 12/5/201912/2017 ADOPTED:ADOPTED: 5 of 5 UPDATE 3733 CAK(LOCAL)-AJC

vestments and adherence to the College District’s established in-

vestment policies.

20

Odessa College 068501 PURCHASING AND ACQUISITION CF (LOCAL)

DATE ISSUED: 12/5/20193/9/2015 1 of 3 UPDATE 3730 CF(LOCAL)-X

Purchasing policies and procedures shall be designed to:

1. Purchase the best products and services at the most desira-

ble cost;

2. Clear all invoices in time to take advantage of any cash dis-

counts offered;

3. Offer efficient, courteous, and timely service to all concerned

within the College District;

4. Purchase locally when practical;

5. Build up and maintain minimum inventories of general use

items and make volume purchasing agreements for supplies

when feasible;

6. Purchase quality equipment, supplies, and services commen-

surate with use and location;

7. Purchase from reliable, responsible vendors;

8. Achieve standardization whenever possible to allow the Col-

lege District to gain benefits from volume purchasing; and

9. Maintain the highest ethics in business relationships with

vendors, students, and personnel of the College District.

To avoid conflicts of interest, the following types of purchases by

the College District are prohibited:

1. Purchases between the College District and a College District

employee’s relatives, either by blood or marriage according to

the chart at DBE(EXHIBIT);

2. Purchases from a company giving commissions or gifts to

College District personnel or their families; and

3. Purchases from a company in which the College District em-

ployee holds a ten percent or larger financial interest or an in-

terest of any other nature that will enhance the College Dis-

trict employee.

An exception to this policy may be approved by the College Presi-

dent in writing in instances of local sole- source purchases or in the

purchase of intellectual property produced by College District per-

sonnel.

The Board delegates to the College President or designee the au-

thority College President or designee the authority to determine the

method of purchasing, in accordance with CF(LEGAL), and to

Statement of Purpose

Conflict of Interest

Purchasing Authority

21


DATE ISSUED: 12/5/20193/9/2015 2 of 3 UPDATE 3730 CF(LOCAL)-X

make budgeted purchases for goods and services.. Any purchases

not included in the budget shall be taken to the Board for approval.

The College President shall develop purchasing procedures to im-

plement the requirements of state and federal law. [See CAA,

CAAB, and CH(LEGAL)]

The Board delegates to the College President or designee the au-

thority to determine the method of purchasing in accordance with

state and federal law.

If competitive bidding is chosen as the purchasing method, the

College PresidentCollege President or designee shall prepare bid

specifications. All bids shall be in accordance with administrative

regulations, and the submission of any electronic bids shall also be

in accordance with Board-adopted rules. All bidders shall be invited

to attend the bid opening. Any bid may be withdrawn prior to the

scheduled time for opening. Bids received after the specified time

shall not be considered.

The College District may reject any and all bids.

If competitive sealed proposals are chosen as the purchasing

method, the College PresidentCollege President or designee shall

prepare the request for proposals and/or specifications for items to

be purchased. All proposals shall be in accordance with adminis-

trative regulations, and the submission of any electronic proposals

shall also be in accordance with Board-adopted rules. Proposals

received after the specified time shall not be considered. Proposals

shall be opened at the time specified, and all proposers shall be

invited to attend the proposal opening. Proposals may be with-

drawn prior to the scheduled time for opening. Changes in the con-

tent of a proposal, and in prices, may be negotiated after proposals

are opened.

The College District may reject any and all proposals.

Bids or proposals that the College District has chosen to accept

through electronic transmission shall be administered in accord-

ance with Board-adopted rules. Such rules shall safeguard the in-

tegrity of the competitive procurement process; ensure the identifi-

cation, security, and confidentiality of electronic bids or proposals;

and ensure that the electronic bids or proposals remain effectively

unopened until the proper time.

The Board shall assume responsibility for debts incurred in the

name of the College District so long as those debts are for pur-

chases made in accordance with the adopted budget, state law,

Board policy, and the College District’s purchasing procedures.

[See CC] The Board shall not be responsible for debts incurred by

Purchasing Procedures

Purchasing Method

Competitive Bidding

Competitive Sealed Proposals

Electronic Bids or Proposals

Responsibility for Debts

22


DATE ISSUED: 12/5/20193/9/2015 ADOPTED: 3 of 3 UPDATE 3730 CF(LOCAL)-X

persons or organizations not directly under Board control; persons

making unauthorized purchases shall assume full responsibility for

all such debts.

All purchase commitments shall be made by the College

PresidentCollege President or designee, in accordance with ad-

ministrative procedures, including the College District’s purchasing

procedures.

College District employees shall not be permitted to make pur-

chases for personal use through the College District’s business

office.

Each corporation contracting with the College District shall certify

that its franchise taxes are current. If the corporation is exempt

from payment of franchise taxes or is an out-of-state corporation

not subject to Texas franchise tax, it shall certify a statement to that

effect. Making a false statement as to corporate franchise tax sta-

tus shall be considered a material breach of the contract and shall

be grounds for cancellation of the contract.

Purchase Commitments

Personal Purchases

Delinquent Franchise Taxes

23

Odessa College 068501 SAFETY PROGRAM CGC EMERGENCY PLANS AND ALERTS (LOCAL)

DATE ISSUED: 12/5/201918/2012 ADOPTED: 1 of 1 UPDATE 3727 CGC(LOCAL)-AJC

In accordance with state requirements, the College District shall

maintain a multihazard emergency operations plan that provides

for appropriate employee training; adequate communications

technology and infrastructure, including employee access to

emegency communication devices;, coordination with state and

local entities;, and implementation of a safety and security audit.

In accordance with federal law, the College District shall maintain

effective emergency response and evacuation procedures that can

be implemented on short notice and that will ensure optimum

safety for students and personnel.

In accordance with state requirements, the College District shall

maintain an emergency alert system that provides for timely

notification to students, faculty, and staff of emergencies affecting

the College District or its students and employees.

Emergency Operations Plan

Emergency Response and Evacuation Procedures

Emergency Alert System

24

Odessa College 068501 SITE MANAGEMENT CHA SECURITY (LOCAL)

DATE ISSUED: 12/5/20193/3/2016 1 of 3 UPDATE 3731 CHA(LOCAL)-AJC

To ensure sufficient security and protection of students, staff, and

property, the Board authorizes the formation of a College District

police department and shall employ and commission peace offic-

ers.

The jurisdiction of College District peace officers shall include all

counties in which property is owned, leased, rented, or otherwise

under the control of the College District.

While within the jurisdiction set out in this policy, peace officers em-

ployed and commissioned by the College District shall have all the

powers, privileges, and immunities of peace officers. Subject to lim-

itations in law, College District peace officers shall have the author-

ity to:

1. Protect the safety and welfare of any person in the jurisdiction

of the College District and protect the property of the College

District.

2. Enforce all laws, including municipal ordinances, county ordi-

nances, and state laws, and investigate violations of law as

needed. In doing so, College District police officers may serve

search warrants in connection with College District-related in-

vestigations in compliance with the Texas Code of Criminal

Procedure.

3. Arrest suspects consistent with state and federal statutory

and constitutional standards governing arrests, including ar-

rests without warrant, for offenses that occur in the officer’s

presence or under the other rules set out in the Texas Code of

Criminal Procedure.

4. Coordinate and cooperate with commissioned officers of all

other law enforcement agencies in the enforcement of this

policy as necessary.

5. Enforce College District policies, rules, and regulations on

College District property or at College District functions.

6. Investigate violations of College District policiespolicy, rules,

and regulations as requested by the College PresidentCollege

President and participate in administrative hearings concern-

ing the alleged violations.

7. Carry weapons as directed by the chief of police and ap-

proved by the College PresidentCollege President.

8. Carry out all other duties as directed by the chief of police or

College PresidentCollege President.

College District Police Department

Jurisdiction

Police Authority

25


DATE ISSUED: 12/5/20193/3/2016 2 of 3 UPDATE 3731 CHA(LOCAL)-AJC

College District police officers shall enforce all laws, including mu-

nicipal ordinances, county ordinances, and state laws within an-

other law enforcement agency’s jurisdiction while temporarily as-

signed to the other agency.

No officer commissioned under this policy shall provide law en-

forcement or security services for an outside employer without prior

written approval from the chief of police and College President or

designee.

The College District’s police department and the law enforcement

agencies with which it has overlapping jurisdiction shall enter into a

memorandum of understanding that outlines reasonable communi-

cation and coordination efforts among the department and the

agencies. The chief of police and the College PresidentCollege

President or designee shall review the memorandum of under-

standing at least once every year. The memorandum of under-

standing shall be approved by the Board.

The use of force, including deadly force, shall be authorized only

when reasonable and necessary, as outlined in the department

regulations manual.

Officers shall not engage in high-speed chases in a motor vehicle

when the immediate danger to the public or the officer created by

the pursuit exceeds the immediate or potential danger presented

by the offenders remaining at large. Guidelines for high-speed pur-

suits shall be addressed in the department regulations manual.

Video equipment shall be used on a College District police car for

safety purposes whenever the flashing lights on a car are in use.

Recordings shall be considered law enforcement records, shall re-

main in the custody of the chief of police, and shall be maintained

as required by the department regulations manual and law.

All College District officers shall receive at least the minimum

amount of education and training required by law.

To carry out the provisions in this policy, the police department

shall compile and maintain a manual that describes and sets forth

operational procedures, rules, and regulations pertaining to the ad-

ministration of police services. The chief of police and the College

PresidentCollege President or designee shall review the manual

annually and make any appropriate revisions.

The chief of police shall develop and implement regulations to en-

sure compliance with state law regarding racial profiling. Peace of-

Temporary Assignment

Limitations on Outside Employment

Relationship with Outside Agencies

Use of Force

High-Speed Pursuit

Video Monitoring

Access to Recordings

Officer Training

Department Regulations Manual

Racial Profiling

26


DATE ISSUED: 12/5/20193/3/2016 ADOPTED: 3 of 3 UPDATE 3731 CHA(LOCAL)-AJC

ficers employed by the College District shall not initiate any law en-

forcement action based on an individual’s race, ethnicity, or na-

tional origin.

Complaints against a College District police officer shall be in writ-

ing on a form provided by the College District and shall be signed

by the person making the complaint. In accordance with law, the

College District shall provide to the police officer a copy of the com-

plaint. [See Complaint Against Peace OfficerCOMPLAINTS

AGAINST PEACE OFFICER at CHA(LEGAL)]

Appeals regarding this complaint process shall be filed in accord-

ance with DGBA, FLD, or GB, as appropriate.

Complaints

27

Odessa College 068501 SITE MANAGEMENT CHF WEAPONS (LOCAL)

DATE ISSUED: 12/5/201912/2017 ADOPTED: 1 of 1 UPDATE 3733 CHF(LOCAL)-AJC

The College District prohibits the use, possession, or display of a

firearm on College District property or at a College District-

sponsored or -related activity in violation of law and College District

regulations.

The College District prohibits the use, possession, or display of any

location-restricted knife, club, knuckles, or prohibited weapon, as

defined by law, on College District property or at a College District-

sponsored or -related activity, unless written authorization is grant-

ed in advance by the College PresidentCollege President or de-

signee.

Additionally, the following weapons are prohibited on College Dis-

trict property or at any College District-sponsored or -related activi-

ty:

1. Fireworks of any kind;

2. Incendiary devices;

3. Instruments designed to expel a projectile with the use of

pressurized air, like a BB gun;

4. Razors;

5. Chains; or

6. Martial arts throwing stars.

The possession or use of articles not generally considered to be

weapons may be prohibited when the College PresidentCollege

President or designee determines that a danger exists for any stu-

dent, College District employee, or College District property by vir-

tue of possession or use.

Employees and students found to be in violation of this policy shall

be subject to disciplinary action. [See DH, FM, and FMA]

Firearms

Other Weapons Prohibited

Violations

28

Odessa College 068501 EQUIPMENT AND SUPPLIES MANAGEMENT CIA RECORDS MANAGEMENT (LOCAL)

DATE ISSUED: 12/5/20194/13/2017 1 of 2 UPDATE 3732 CIA(LOCAL)-AJC

The College PresidentThe College President shall oversee the per-

formance of records management functions prescribed by state

and federal law:

Records Administrator, as prescribed by Local Government

Code 176.001 and 176.007 [See BBFA and CFE]

Officer for Public Information, as prescribed by Government

Code 552.201–.205 [See GCB]

Public Information Coordinator, as prescribed by Government

Code 552.012 [See BBD]

The term “local government record” shall pertain to all items identi-

fied as such by the Local Government Records Act.

The College PresidentCollege President shall serve as and per-

form the duties of the College District’s records management of-

ficer, as prescribed by Local Government Code 203.023, and shall

administer the College District’s records management program

pertaining to local government records in compliance with the Lo-

cal Government Records Act.

The records management officer shall file his or her name with the

Texas State Library and Archives Commission (TSLAC) within 30

days of assuming the position.

The records management officer shall file with the TSLAC a written

certificationdeclaration that the College District has adopted rec-

ords control schedules that comply with records retention sched-

ules issued by the TSLAC as provided by law.

The College District’s records management program shall address

the length of time records will be posted on the College District’s

website when the law does not specify a posting period.

All local government records shall be considered College District

property and any unauthorized destruction or removal shall be pro-

hibited. The College District shall follow its records control sched-

ules, records management program, and all applicable laws re-

garding records destruction. However, the College District shall

preserve records, including electronically stored information, and

suspend routine record destruction practices where appropriate

and in accordance with procedures developed by the records man-

agement officer. Such procedures shall describe the circumstances

under which local government records scheduled for destruction

must be retained. Notification shall be given to appropriate staff

Local Government Records Act

“Local Government Record”

Records Management Officer

Notification

Records Control Schedules

Website Postings

Records Destruction Practices

29

Odessa College 068501 EQUIPMENT AND SUPPLIES MANAGEMENT CIA RECORDS MANAGEMENT (LOCAL)

DATE ISSUED: 12/5/20194/13/2017 ADOPTED: 2 of 2 UPDATE 3732 CIA(LOCAL)-AJC

when routine record destruction practices must be suspended and

when they may be resumed.

The records management officer shall receive appropriate training

regarding the Local Government Records Act and shall ensure that

custodians of records, as defined by law, and other applicable Col-

lege District staff are trained on the College District’s records man-

agement program, including this policy and corresponding proce-

dures.

Training

30

Odessa College 068501 INFORMATION SECURITY CS (LOCAL)

DATE ISSUED: 12/5/201912/2017 ADOPTED: 1 of 2 UPDATE 3733 CS(LOCAL)-AJC

The College President is responsible for the security of the College

District’s information resources. The College President or designee

shall develop procedures for ensuring the College District’s compli-

ance with applicable law.

The College President or designee shall designate an information

security officer (ISO) who is authorized to administer the infor-

mation security requirements under law. The College President or

designee must notify the Department of Information Resources

(DIR) of the individual designated to serve as the ISO.

The College President or designeeCollege President shall annually

review and approve an information security program designed in

accordance with law by the ISO to address the security of the in-

formation and College District’s information resources owned,

leased, or under the custodianship of the College District against

unauthorized or accidental modification, destruction, or disclosure.

TheThis program shall include procedures for risk assessment and

for information security awareness education for employees when

hired and an ongoing program for all users.

The information security program must be submitted biennially for

review by an individual designated by the College President and

who is independent of the program to determine if the program

complies with the mandatory security controls defined by DIR and

any controls developed by the College District in accordance with

law.

The College President or designee shall adopt procedures ad-

dressing thealso address accessibility, privacy, and security of the

College District’s website and mobile applications and submit the

procedures to DIR for review.

The procedures must require the developer of a website or applica-

tion for the College District that processes confidential information

to submit information regarding the preservation of the confidential-

ity of the information. The College District must subject the website

or application to a vulnerability and penetration test before deploy-

ment.

The College District shall submit a biennial information security

plan to DIR in accordance with law.

The ISO shall report annually to the College President on the effec-

tiveness of the College District’s information security policies, pro-

cedures, and practices in accordance with law and administrative

procedures.

Information Security Officer

Information Security Program

Website and Mobile Application Security

Reports

Information Security Plan

Effectiveness of Policies and Procedures

31

Odessa College 068501 INFORMATION SECURITY CS (LOCAL)

DATE ISSUED: 12/5/201912/2017 ADOPTED:ADOPTED: 2 of 2 UPDATE 3733 CS(LOCAL)-AJC

The College District shall assess the significance of a security inci-

dent and report urgent incidents to DIR and law enforcement in ac-

cordance with law and, if applicable, DIR requirements.

Upon discovering or receiving notification of a breach of system

security, the College District shall disclose the breach to affected

persons or entities in accordance with the time frames established

by law.

The College District shall give notice by using one or more of the

following methods:

1. Written notice.

2. Electronic mail, if the College District has electronic mail ad-

dresses for the affected persons.

3. Conspicuous posting on the College District’s website.

4. Publication through broadcast media.

The College District must provide summary reports of security inci-

dents monthly to DIR in accordance with the deadlines, form, and

manner specified by law and DIR.

4.5. The College District shall include in any vendor or third-party

contract the requirement that the vendor or third party report

information security incidents to the College District in ac-

cordance with law and administrative procedures.

Security Incidents

By the College District

Generally

Security Breach Notification

Monthly Reports

By Vendors and Third Parties

32

Odessa College 068501 EMPLOYEE RIGHTS AND PRIVILEGES DGC EMPLOYEE EXPRESSION AND USE OF COLLEGE FACILITIESACADEM-IC FREEDOM AND RESPONSIBILITIES

(LOCAL)

DATE ISSUED: 12/5/20193/28/2012 1 of 5 UPDATE 37LDU 2012.03 DGC(LOCAL)-X

Note: For expression and use of College District facilities by

students and registered student organizations, see FLA.

For expression and use of College District facilities by

the community, including by nonstudents and organiza-

tions that are not registered student organizations, see

GD. For use of the College District’s internal mail sys-

tem, see CHE.

Institutions of higher education are conducted for the common

good. The common good depends upon a free search for truth and

its free expression. Hence, it is essential that faculty be free to pur-

sue scholarly inquiry without undue restriction and to publish rele-

vant conclusions.

Each faculty member must be free from the corrosive fear that oth-

ers, inside or outside the College District community, may threaten

the faculty member’s professional career or the material benefits

accruing from it because the vision of others may differ from his or

her own. However, from credentialed and/or accredited programs,

instruction is required to meet the content and standards of creden-

tial-aligned curriculum and accreditation standards of business-

and/or industry-recognized credential or state licensure as availa-

ble.

All members of the teaching faculty are entitled to full freedom in

the classroom in discussing the subject that they teach. Each em-

ployee of the College District is also a citizen of his or her nation,

state, and community, and when he or she speaks, writes, or acts

as such, must be free from institutional censorship or discipline.

Complaints regarding alleged violations of the right to academic

freedom shall be filed in accordance with DGBA(LOCAL).

The concept of academic freedom must be accompanied by an

equally demanding concept of academic responsibility. The con-

cern of the institution for academic freedom safeguards must ex-

tend equally to all its members and also requires responsible ser-

vice, consistent with the objectives and policies and procedures of

the institution.

Institutions of higher education are committed to open and rational

discussion as a principal means for the clarification of issues and

the solution of problems. All members of the College District com-

munity must take note of their responsibility to society, to the insti-

tution, and to each other. They must recognize that, at times, the

interests of members of the College District community may vary

and will have to be reconciled.

Academic Freedom

Academic Responsibility

33


(LOCAL)


The use of physical force, psychological harassment, or other dis-

ruptive acts that interfere with institutional activities, freedom of

movement on the campus, or freedom of all members of the aca-

demic community to pursue their rightful goals is the antithesis of

academic freedom and responsibility and, therefore, is to be avoid-

ed. So also are acts that, in effect, deny freedom to speak, to learn,

to be heard, to study, to teach, to administer, and to pursue re-

search.

It is incumbent upon each member of the academic community to

be acquainted with his or her individual responsibilities as delineat-

ed by appropriate institutional statements.

The universal responsibility of the teaching faculty member is effec-

tive teaching. A proper academic climate can be maintained only

when members of the academic community meet their fundamen-

tal responsibilities regularly, such as preparing for and meeting

their assignments, conferring with and advising students, evaluat-

ing fairly and reporting promptly student achievement, and partici-

pating in group deliberations that contribute to the growth and de-

velopment of the students and institution. All members of the

academic community also have as their responsibility to accept

those reasonable duties assigned to them within their fields of

competency.

Additionally, the concept of “institutional loyalty” still has a proper

place within the academic community and imposes the further re-

sponsibility on all members of the academic community to attempt,

honestly and in good faith, to preserve and defend the institution

and goals it espouses. Institutional loyalty, however, does not re-

strict the right to advocate changes.

Administrators must protect, defend, and promote academic free-

dom; must ensure that faculty members fulfill their responsibilities;

and in addition, must recognize that they have special responsibili-

ties for which they are held accountable—namely, the marshalling

of human, physical, and financial resources in order to realize insti-

tutional goals.

Written or printed materials, handbills, photographs, pictures, films,

tapes, or other visual or auditory materials not sponsored by the

College District shall not be sold, circulated, distributed, or posted

on any College District premises by any employee or employee

organization, except in accordance with this policy.

The College District shall not be responsible for, nor shall the Col-

lege District endorse, the contents of any materials distributed by

an employee or employee organization.

Distribution of Literature

34


(LOCAL)


Materials shall not be distributed by an employee or employee or-

ganization on College District property if:

1. The materials are obscene;

2. The materials contain defamatory statements about public

figures or others;

3. The materials advocate imminent lawless or disruptive action

and are likely to incite or produce such action;

4. The materials are considered prohibited harassment [see DIA

series and FFD series];

5. The materials constitute unauthorized solicitation [see Facili-

ties Use, below]; or

6. The materials infringe upon intellectual property rights of the

College District [see CT].

Distribution of materials shall be conducted in a manner that:

1. Is not disruptive to College District operations;

2. Does not impede reasonable access to College District facili-

ties;

3. Does not result in damage to College District property;

4. Does not interfere with the rights of others; and

5. Does not violate local, state, or federal laws or College District

policies and procedures.

The distributor shall clean the area around which the literature was

distributed of any materials that were discarded or leftover.

The executive director of administration and human resources shall

designate times, locations, and means by which materials that are

appropriate for distribution, as provided in this policy, may be made

available or distributed by employees or employee organizations to

employees or others in College District facilities and areas that are

not considered common outdoor areas.

The grounds and facilities of the College District shall be made

available to employees or employee organizations when such use

does not conflict with use by, or any of the policies and procedures

of, the College District. The requesting employees or employee

organization shall pay all expenses incurred by their use of the fa-

cilities in accordance with a fee schedule developed by the Board.

Limitations on Content

Time, Place, and Manner Restrictions

Facilities Use

35


(LOCAL)


An “employee organization” is an organization composed only of

College District faculty and staff or an employee professional or-

ganization.

To request permission to meet in College District facilities, interest-

ed employees or employee organizations shall file a written re-

quest with the executive director of administration and human

resources in accordance with administrative procedures.

The employees or the employee organization making the request

shall indicate that they have read and understand the policies and

rules governing use of College District facilities and that they will

abide by those rules.


approve or reject the request in accordance with provisions and

deadlines set out in this policy and administrative procedures,

without regard to the religious, political, philosophical, ideological,

academic viewpoint, or other content of the speech likely to be as-

sociated with the employees’ or employee organization’s use of the

facility.

Approval shall not be granted when the official has reasonable

grounds to believe that:

1. The College District facility requested is unavailable, inade-

quate, or inappropriate to accommodate the proposed use at

the time requested;

2. The applicant is under a disciplinary penalty or sanction pro-

hibiting the use of the facility;

3. The proposed use includes nonpermissible solicitation;

4. The proposed use would constitute an immediate and actual

danger to the peace or security of the College District that

available law enforcement officials could not control with rea-

sonable efforts;

5. The applicant owes a monetary debt to the College District

and the debt is considered delinquent;

6. The proposed activity would disrupt or disturb the regular ac-

ademic program;

7. The proposed use would result in damage to or defacement

of property or the applicant has previously damaged College

District property; or

8. The proposed activity would constitute an unauthorized joint

sponsorship with an outside group.

Requests

Approval

36


(LOCAL)

DATE ISSUED: 12/5/20193/28/2012 ADOPTED: 5 of 5 UPDATE 37LDU 2012.03 DGC(LOCAL)-X


provide the applicant a written statement of the grounds for rejec-

tion if a request is denied.

Common outdoor areas are traditional public forums and are not

subject to the approval procedures. Employees and employee or-

ganizations may engage in expressive activities in common out-

door areas, unless:

1. The person’s conduct is unlawful;

2. The use would constitute an immediate and actual danger to

the peace or security of the College District that available law

enforcement officials could not control with reasonable efforts;

3. The use would materially or substantially disrupt or disturb the

regular academic program; or

4. The use would result in damage to or defacement of property.

In accordance with administrative procedures, all employees and

employee organizations shall be given access on the same basis

for making announcements and publicizing their meetings and ac-

tivities.

Employees and employee organizations using College District fa-

cilities must provide identification when requested to do so by a

College District representative.

Failure to comply with this policy and associated procedures shall

result in appropriate administrative action, including but not limited

to, suspension of an employee’s or employee organization’s use of

College District facilities and/or other disciplinary action in accord-

ance with the College District’s policies and procedures and the

employee handbook.

Faculty, students, or student organizations that interfere with the

expressive activities permitted by this policy shall be subject to dis-

ciplinary action in accordance with the College District’s discipline

policies and procedures. [See DH, FM, and FMA]

Decisions made by the administration under this policy may be ap-

pealed in accordance with DGBA(LOCAL) and FLD(LOCAL) as

applicable.

This policy and associated procedures must be posted on the Col-

lege District’s website and distributed in the employee and student

handbooks and other appropriate publications.

Common Outdoor Area Exception

Announcements and Publicity

Identification

Violations

Interference with Expression

Appeals

Publication

37

Odessa College 068501 EMPLOYEE RIGHTS AND PRIVILEGES DGD EMPLOYEE USE OF COLLEGE DISTRICT FACILITIES (LOCAL)

DATE ISSUED: 4/13/2017 1 of 2 UPDATE 32 DGD(LOCAL)-AJC


available to employees or employee organizations, when such use

does not conflict with use by, or any of the policies and procedures

of, the College District. The requesting employees or employee

organization shall pay all expenses incurred by their use of the fa-

cilities in accordance with a fee schedule developed by the Board.

An “employee organization” is an organization composed only of

College District faculty and staff or an employee professional or-

ganization.

To request permission to meet on College District premises, inter-

ested employees or employee organizations shall file a written re-

quest with the executive director of administration and human

resources in accordance with administrative procedures.

The employees or the employee organization making the request

shall indicate that they have read and understand the policies and

rules governing use of College District facilities and that they will

abide by those rules.


approve or reject the request in accordance with provisions and

deadlines set out in this policy and administrative procedures,

without regard to the religious, political, philosophical, or other con-

tent of the speech likely to be associated with the employees’ or

employee organization’s use of the facility.





the time requested;



3. The proposed use includes nonpermissible solicitation;




sonable efforts;




ademic program;

Requests

Approval

38

Odessa College 068501 EMPLOYEE RIGHTS AND PRIVILEGES DGD EMPLOYEE USE OF COLLEGE DISTRICT FACILITIES (LOCAL)

DATE ISSUED: 4/13/2017 ADOPTED: 2 of 2 UPDATE 32 DGD(LOCAL)-AJC









In accordance with administrative procedures, all employees and

employee organizations shall be given access on the same basis

for making announcements and publicizing their meetings and ac-

tivities.

Employees and employee organizations using College District fa-

cilities must provide identification when requested to do so by a


Failure to comply with the policy and procedures regarding em-

ployee use of College District facilities shall result in appropriate

administrative action, including but not limited to, suspension of an

employee’s or employee organization’s use of College District facil-

ities, and/or other disciplinary action in accordance with the Col-

lege District’s policies and procedures and the employee hand-

book.


pealed in accordance with DGBA(LOCAL).


Identification

Violations

Appeals

39

Odessa College 068501 EMPLOYEE STANDARDS OF CONDUCT DH (LOCAL)

DATE ISSUED: 12/5/20193/2018 1 of 3 UPDATE 3735 DH(LOCAL)-BJC

All College District employees shall perform their duties in accord-

ance with state and federal law, College District policy, and ethical

standards.

All College District personnel shall recognize and respect the rights

of students, other employees, and members of the community and

shall work cooperatively with others to serve the best interests of

the College District.

Employees wishing to express concern, complaints, or criticism

shall do so through appropriate channels. [See DGBA]

The College District holds all employees to the ethical standards

expressed in the Texas Community College Teachers Association

Code of Professional Ethics (PDF).1

Employees shall comply with the standards of conduct set out in

this policy and with any other policies, regulations, and guidelines

that impose duties, requirements, or standards attendant to their

status as College District employees. Violation of any policies, reg-

ulations, or guidelines may result in disciplinary action, including

termination of employment. [See DCC and DM series]

Electronic media includes all forms of social media, such as text

messaging, instant messaging, electronic mail (email), web logs

(blogs), electronic forums (chat rooms), video-sharing websites,

editorial comments posted on the internet, and social network

sites. Electronic media also includes all forms of telecommunica-

tion, such as landlines, cell phones, and web-based applications.

An employee shall comply with the College District’s requirements

for records retention and destruction to the extent those require-

ments apply to electronic media. [See CIA and GCB]

Employees shall be held to the same professional standards in

their public use of electronic media as they are for any other public

conduct. If an employee’s use of electronic media violates state or

federal law or College District policy, or interferes with the em-

ployee’s ability to effectively perform his or her job duties, the em-

ployee is subject to disciplinary action, up to and including termina-

tion of employment.

All employees shall adhere to College District safety rules and reg-

ulations and shall report unsafe conditions or practices to the ap-

propriate supervisor.

An employee shall not use tobacco products or

e-cigarettes on College District property, in College District vehi-

cles, or at College District-related activities, unless authorized by

Ethical Standards

Violations

Electronic Media

Record Retention

Personal Use

Safety Requirements

Tobacco and E-cigarettes

40

http://www.tccta.org/wp-content/uploads/2016/01/TCCTA-Ethics.pdf



DATE ISSUED: 12/5/20193/2018 2 of 3 UPDATE 3735 DH(LOCAL)-BJC

the College President or designee. [See FLBD]College President

or designee.

An employee shall not give or sell tobacco products or e-cigarettes

to a person in violation of law.

"E-cigarette" means an electronic cigarette or any other device that

simulates smoking by using a mechanical heating element, battery,

or electronic circuit to deliver nicotine or other substances to the in-

dividual inhaling from the device. The term does not include a pre-

scription medical device unrelated to the cessation of smoking. The

term includes:

1. A device described by this definition regardless of whether the

device is manufactured, distributed, or sold as an e-cigarette,

e-cigar, or e-pipe or under another product name or descrip-

tion; and

2. A component, part, or accessory for the device, regardless of

whether the component, part, or accessory is sold separately

from the device.

A copy of this policy, the purpose of which is to eliminate drug

abuse from the workplace, shall be provided to each employee at

the beginning of each year or upon employment.

Employees shall not manufacture, distribute, dispense, possess,

use, or be under the influence of any of the following substances

during working hours while on College District property or at Col-

lege District-related activities during or outside of usual working

hours:

1. Any controlled substance or dangerous drug as defined by

law, including but not limited to marijuana, any narcotic drug,

hallucinogen, stimulant, depressant, amphetamine, or barbitu-

rate.

2. Alcohol or any alcoholic beverage.

3. Any abusable glue, aerosol paint, or any other chemical sub-

stance for inhalation.

4. Any other intoxicant, or mood-changing, mind-altering, or be-

havior-altering drugs.

An employee need not be legally intoxicated to be considered “un-

der the influence” of a controlled substance.

It shall not be considered a violation of this policy if the employee:

1. Manufactures, possesses, or dispenses a substance listed

above as part of the employee’s job responsibilities;

Alcohol and Drugs

Exceptions

41


DATE ISSUED: 12/5/20193/2018 ADOPTED: 3 of 3 UPDATE 3735 DH(LOCAL)-BJC

2. Uses or possesses a controlled substance or drug authorized

by a licensed physician prescribed for the employee’s per-

sonal use; or

3. Possesses a controlled substance or drug that a licensed

physician has prescribed for the employee’s child or other in-

dividual for whom the employee is a legal guardian; .

4. Cultivates, possesses, transports, or sells hemp as authorized

by law; or

5. Possesses, sells, or distributes Dextromethorphan.

The College PresidentThe College President is authorized by the

Board to permit the serving and consumption of alcohol at appro-

priate College District functions.

Each employee shall be given a copy of the College District’s no-

tice regarding a drug-free workplace. [See DI(EXHIBIT)]

An employee shall notify his or her immediate supervisor within

three calendar days of any arrest, indictment, conviction, no con-

test or guilty plea, or other adjudication of the employee for any fel-

ony or offense involving moral turpitude.

Moral turpitude includes but is not limited to:

1. Dishonesty, fraud, deceit, theft, or misrepresentation;

2. Deliberate violence;

3. Base, vile, or depraved acts that are intended to arouse or

gratify the sexual desire of the actor;

4. Felony possession, transfer, sale, distribution, or conspiracy

to possess, transfer, sell, or distribute any controlled sub-

stance defined in Chapter 481 of the Health and Safety Code;

5. Acts constituting public intoxication, operating a motor vehicle

while under the influence of alcohol, or disorderly conduct, if

any two or more acts are committed within any 12-month pe-

riod; or

6. Acts constituting abuse under the Texas Family Code.

1 Texas Community College Teachers Association Code of Professional Ethics (PDF): http://www.tccta.org/wp-content/uploads/2016/01/TCCTA-Ethics.pdf

Notice

Arrests, Indictments, Convictions, and Other Adjudications

Moral Turpitude

42



Odessa College 068501 EMPLOYEE STANDARDS OF CONDUCT DHC CHILD ABUSE AND NEGLECT REPORTING (LOCAL)

DATE ISSUED: 12/5/2019 ADOPTED: 1 of 1 UPDATE 37 DHC(LOCAL)-AJC

The College District prohibits any adverse employment action, in-

cluding termination or discrimination, against any employee who in

good faith reports child abuse or neglect or participates in a related

investigation.

Adverse Employment Action Prohibited

43

Odessa College 068501 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION DIAA SEX AND SEXUAL VIOLENCE (LOCAL)

DATE ISSUED: 12/54/2/2019 1 of 5 UPDATE 37LDU 2019.02 DIAA(LOCAL)-AJC

Note: This policy addresses employee complaints of sex and

gender discrimination, sexual harassment, sexual vio-

lence, and retaliation. For legally referenced material re-

lating to this subject matter, see DAA(LEGAL). For sex

discrimination, sexual harassment, sexual violence, and

retaliation targeting students, see FFDA.

Solely for purposes of this policy, the term “employee” includes for-

mer employees, applicants for employment, and unpaid interns.

The College District prohibits discrimination, including harassment,

against any employee on the basis of sex or gender. Retaliation

against anyone involved in the complaint process is a violation of

College District policy.

Discrimination against an employee is defined as conduct directed

at an employee on the basis of sex or gender that adversely affects

the employee’s employment.

Sexual harassment is a form of sex discrimination defined as un-

welcome sexual advances; requests for sexual favors; sexually

motivated physical, verbal, or nonverbal conduct; or other conduct

or communication of a sexual nature when:

1. Submission to the conduct is either explicitly or implicitly a

condition of an employee’s employment, or when submission

to or rejection of the conduct is the basis for an employment

action affecting the employee; or

2. The conduct is so severe, persistent, or pervasive that it has

the purpose or effect of unreasonably interfering with the em-

ployee’s work performance or creates an intimidating, threat-

ening, hostile, or offensive work environment.

Sexual violence is a form of sexual harassment. Sexual violence

includes physical sexual acts perpetrated against a person’s will or

where a person is incapable of giving consent due to the victim’s

use of drugs or alcohol or due to an intellectual or other disability.

Examples of sexual harassment may include sexual advances;

touching intimate body parts; coercing or forcing a sexual act on

another; jokes or conversations of a sexual nature; offensive or de-

rogatory language directed at another person’s gender identity;

and other sexually motivated conduct, communication, or contact.

The College District prohibits retaliation against an employee who

makes a claim alleging to have experienced discrimination or har-

assment, or another employee who, in good faith, makes a report,

serves as a witness, or otherwise participates in an investigation.

Definitions

Statement of Nondiscrimination

Discrimination

Sexual Harassment

Sexual Violence

Examples

Retaliation

44



An employee who intentionally makes a false claim, offers false

statements, participates in prohibited conduct, or refuses to coop-

erate with a College District investigation regarding harassment or

discrimination is subject to appropriate discipline.

Examples of retaliation may include termination, refusal to hire, de-

motion, and denial of promotion. Retaliation may also include

threats, unjustified negative evaluations, unjustified negative refer-

ences, or increased surveillance.

In this policy, the term “prohibited conduct” includes discrimination,

harassment, and retaliation as defined by this policy, even if the be-

havior does not rise to the level of unlawful conduct.

An employee who believes that he or she has experienced prohib-

ited conduct may report or believes that another employee has ex-

perienced prohibited conduct should immediately report the alleged

acts. The employee may report the alleged acts to his or her imme-

diate supervisor, to the Title IX coordinator, or to the College

President or designee. Additionally.

Alternatively, the employee may report the alleged acts to one of

the College District officials below or electronically through the Col-

lege District’s website.

A report against the College President may be made directly to the

Board. If a report is made directly to the Board, the Board shall ap-

point an appropriate person to conduct an investigation.

Any employee who believes that another employee has experi-

enced prohibited conduct shall immediately report the alleged acts

to the Title IX coordinator. Additionally, the employee may report to

the College President or designee.

A report against the College President must also be made directly

to the Board. If a report is made directly to the Board, the Board

shall appoint an appropriate person to conduct an investigation.

A person who received the information solely from a disclosure at a

sexual harassment, sexual assault, dating violence, or stalking

public awareness event sponsored by a postsecondary educational

institution or by an employee organization affiliated with the institu-

tion is not required to report the prohibited conduct.

Absent the employee’s consent, a person who holds a professional

license requiring confidentiality, such as a counselor, or who is su-

pervised by such a person shall only be required to disclose the

type of incident reported. The person may not disclose information

that would violate the employee’s expectation of privacy.

Examples

Prohibited Conduct

Reporting Procedures

Reporting by Alleged Victim

Reporting by Other Employees

Exceptions

Disclosure at Event

Employee Subject to Confidentiality Rules

45



For the purposes of this policy, College District officials are the Title

IX coordinator and the College President.

Reports of discrimination based on sex, including sexual harass-

ment, may be directed to the Title IX coordinator. The College Dis-

trict designates the following person to coordinate its efforts to

comply with Title IX of the Education Amendments of 1972, as

amended:

Name: Ken Zartner

Position: Vice President of Administrative Services

Address: 201 W. University Blvd, Odessa, TX 79764

Telephone: (432) 335-6421

The College President or designee shall serve as coordinator for

purposes of College District compliance with all other antidiscrimi-

nation laws.

An employee shall not be required to report prohibited conduct to

the person alleged to have committed it. Reports concerning pro-

hibited conduct, including reports against the Title IX coordinator,

may be directed to the College President or designee.

A report against the College President may be made directly to the

Board. If a report is made directly to the Board, the Board shall ap-

point an appropriate person to conduct an investigation.

Reports of prohibited conduct shall be made as soon as possible

after the alleged act or knowledge of the alleged act. A failure to

promptly report may impair the College District’s ability to investi-

gate and address the prohibited conduct.

Any College District supervisor who receives a report of prohibited

conduct shall immediately notify the appropriate College District of-

ficial listed above and take any other steps required by this policy.

The College District may request, but shall not insist upon, a writ-

ten report. If a report is made orally, the College District official

shall reduce the report to written form.

Upon receipt or notice of a report, the College District official shall

determine whether the allegations, if proven, would constitute pro-

hibited conduct as defined by this policy. If so, the College District

official shall immediately authorize or undertake an investigation,

regardless of whether a criminal or regulatory investigation regard-

ing the same or similar allegations is pending.

Definition of College District Officials

Title IX Coordinator Definition of College District Officials

Title IX Coordinator

Other Anti- discrimination Laws

Alternative Reporting Procedures

Timely Reporting

Notice of Report

Investigation of the Report

46



If the College District official determines that the allegations, if

proven, would not constitute prohibited conduct as defined by this

policy but may constitute a violation of other College District rules

or regulations, the College District official shall refer the complaint

for consideration under the appropriate policy.

If appropriate, the College District shall promptly take interim action

calculated to prevent prohibited conduct during the course of an in-

vestigation.

The investigation may be conducted by the College District official

or a designee or by a third party designated by the College District,

such as an attorney. When appropriate, the supervisor shall be in-

volved in or informed of the investigation.

The investigation may consist of personal interviews with the per-

son making the report, the person against whom the report is filed,

and others with knowledge of the circumstances surrounding the

allegations. The investigation may also include analysis of other in-

formation or documents related to the allegations.

Absent extenuating circumstances, the investigation should be

completed within ten College District business days from the date

of the report; however, the investigator shall take additional time if

necessary to complete a thorough investigation.

The investigator shall prepare a written report of the investigation.

The report shall be filed with the College District official overseeing

the investigation.

If the results of an investigation indicate that prohibited conduct oc-

curred, the College District shall promptly respond by taking appro-

priate disciplinary or corrective action reasonably calculated to ad-

dress the conduct.

The College District may take action based on the results of an in-

vestigation, even if the conduct did not rise to the level of prohib-

ited or unlawful conduct.

To the greatest extent possible, the College District shall respect

the privacy of the complainant, persons against whom a report is

filed, and witnesses. Limited disclosures may be necessary in or-

der to conduct a thorough investigation and comply with applicable

law.

A party who is dissatisfied with the outcome of the investigation

may appeal through the applicable grievance policy beginning at

the appropriate level. [See DGBA(LOCAL) for employees, FLD(LO-

CAL) for students, and GB(LOCAL) for community members]

Concluding the Investigation

College District Action

Confidentiality

Appeal

47


DATE ISSUED: 12/54/2/2019 ADOPTED: 5 of 5 UPDATE 37LDU 2019.02 DIAA(LOCAL)-AJC

The party may have a right to file a complaint with appropriate

state or federal agencies.

Retention of records shall be in accordance with the College Dis-

trict’s records retention procedures. [See CIA]

Information regarding this policy and any accompanying proce-

dures, as well as relevant educational and resource materials con-

cerning the topics discussed in this policy, shall be distributed an-

nually to College District employees and students in compliance

with law and in a manner calculated to provide easy access and

wide distribution, such as through electronic distribution and inclu-

sion in the employee and student handbooks and other major Col-

lege District publications. Information regarding the policy, proce-

dures, and related materials shall also be prominently published on

the College District’s website, taking into account applicable legal

requirements. Copies of the policy and procedures shall be readily

available at the College District’s administrative offices and shall be

distributed to an employee who makes a report.

Records Retention

Access to Policy, Procedures, and Related Materials

48

Odessa College 068501 SPECIAL PROGRAMS EFCD HIGH SCHOOL EQUIVALENCY TESTING CENTERS (LOCAL)

DATE ISSUED: 12/5/20193/2018 ADOPTED: 1 of 1 UPDATE 3735 EFCD(LOCAL)-AJC

An official high school equivalency testing center shall be located

at one or more College District facilities designated by the Board.

The College PresidentCollege President or designee shall develop

written procedures concerning the operation of the center and ad-

ministration of the test. The procedures shall:

1. Address the selection, requisition, and storage of test materi-

als;

2. Address the provision of a suitable place for administering the

test;

3. Address test security;

4. Include a written emergency plan; and

5. Address other operational matters as appropriate.

The College PresidentCollege President or designee shall publish

information about the available testing opportunities on the College

District’s website and in appropriate College District publications.

If permitted by the Texas Education Agency (TEA) and the test pro-

vider, the Board may approve a fee for the administration of a test.

The College PresidentThe College President or designee shall re-

port to the Board annually concerning the center, including the

number of tests administered and the funds received for adminis-

tering the test.

Procedures

Testing Information

Fees

Annual Report

49

Odessa College 068501 FREEDOM FROM DISCRIMINATION, HARASSMENT, AND RETALIATION FFDA SEX AND SEXUAL VIOLENCE (LOCAL)

DATE ISSUED: 12/5/201912/2017 1 of 7 UPDATE 3733 FFDA(LOCAL)-AJC

Note: This policy addresses complaints of sex discrimination,

sexual harassment, sexual assault, and retaliation tar-

geting students. For legally referenced material relating

to discrimination, harassment, and retaliation, see

FA(LEGAL). For sex discrimination, sexual harassment,

sexual assault, and retaliation targeting employees, see

DIAA.

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.

Discrimination against a student is defined as conduct directed at a

student on the basis of sex or gender that adversely affects the

student.

Sexual harassment of a student by a College District employee in-

cludes unwelcome sexual advances; requests for sexual favors;

sexually motivated physical, verbal, or nonverbal conduct; or other

conduct or communication of a sexual nature when:

1. A College District employee causes the student to believe that

the student must submit to the conduct in order to participate

in a school program or activity, or that the employee will make

an educational decision based on whether or not the student

submits to the conduct; or

2. The conduct is so severe, persistent, or pervasive that it limits

or denies the student’s ability to participate in or benefit from

the College District’s educational program.

Sexual harassment of a student, including harassment committed

by another student, includes unwelcome sexual advances; re-

quests for sexual favors; or sexually motivated physical, verbal, or

nonverbal conduct when the conduct is so severe, persistent, or

pervasive that it limits or denies a student’s ability to participate in

or benefit from the College District’s educational program.

Sexual violence is a form of sexual harassment. Sexual violence

includes physical sexual acts perpetrated against a person’s will or

where a person is incapable of giving consent due to the victim’s

use of drugs or alcohol or due to an intellectual or other disability.

Examples of sexual harassment of a student may include sexual

advances; touching intimate body parts or coercing physical con-

tact that is sexual in nature; jokes or conversations of a sexual na-

Statement of Nondiscrimination

Discrimination

Sexual Harassment

By an Employee

By Others

Sexual Violence

Examples

50



ture; rape; sexual assault; sexual battery; sexual coercion; and

other sexually motivated conduct, communications, or contact.

Physical contact not reasonably construed as sexual in nature is

not sexual harassment.

Gender-based harassment includes physical, verbal, or nonverbal

conduct based on the student’s gender, the student’s expression of

characteristics perceived as stereotypical for the student’s gender,

or the student’s failure to conform to stereotypical notions of mas-

culinity or femininity. For purposes of this policy, gender-based

harassment is considered prohibited harassment if the conduct is

so severe, persistent, or pervasive that the conduct limits or denies

a student’s ability to participate in or benefit from the College Dis-

trict’s educational program.

Examples of gender-based harassment directed against a student,

regardless of the student’s or the harasser’s actual or perceived

sexual orientation or gender identity, may include offensive jokes,

name-calling, slurs, or rumors; physical aggression or assault;

threatening or intimidating conduct; or other kinds of aggressive

conduct such as theft or damage to property.

The College District prohibits retaliation by a student or College

District employee against a student alleged to have experienced

discrimination or harassment or another student who, in good faith,

makes a report of harassment or discrimination, serves as a wit-

ness, or otherwise participates in an investigation.

Examples of retaliation may include threats, rumor spreading, os-

tracism, assault, destruction of property, unjustified punishments,

or unwarranted grade reductions. Unlawful retaliation does not in-

clude petty slights or annoyances.

A student who intentionally makes a false claim, offers false state-

ments, or refuses to cooperate with a College District investigation

regarding discrimination or harassment shall be subject to appro-

priate disciplinary action.

In this policy, the term “prohibited conduct” includes discrimination,

harassment, and retaliation as defined by this policy, even if the

behavior does not rise to the level of unlawful conduct.

For purposes of this policy, a “responsible employee” is an em-

ployee:

1. Who has the authority to remedy prohibited conduct;

2. Who has been given the duty of reporting incidents of prohib-

ited conduct; or

Gender-Based Harassment

Examples

Retaliation

Examples

False Claims

Prohibited Conduct

Reporting Procedures

Responsible Employee

51



3. Whom a student reasonably believes has the authority to

remedy prohibited conduct or has been given the duty of re-

porting incidents of prohibited conduct.

The College District designates the following persons as responsi-

ble employees: any instructor, any administrator, or any College

District official defined below.

Any student who believes that he or she has experienced prohibit-

ed conduct or believes that another student has experienced pro-

hibited conduct should immediately report the alleged acts to the

Title IX coordinator or anothera responsible employee or submit

the report electronically through the College District’s website. The

submission of an anonymous electronic report may impair the Col-

lege District’s ability to investigate and address the prohibited con-

duct.

Any College District employee who suspects orand any responsi-

ble employee who receives notice that a student or group of stu-

dents has or may have experienced prohibited conduct shall im-

mediately notify the Title IX coordinatorappropriate College District

official listed in this policy and shall take any other steps required

by this policy. Additionally, the An employee who does not meet the

description of a responsible employee in accordance with this poli-

cy may alternatively submit the report to the College President or

designee. electronically via the College District’s website.

A report against the College President must also be made directly

to the Board. If a report is made directly to the Board, the Board

shall appoint an appropriate person to conduct an investigation.

A person who received the information solely from a disclosure at a

sexual harassment, sexual assault, dating violence, or stalking

public awareness event sponsored by a postsecondary educational

institution or by a student organization affiliated with the institution

is not required to report the prohibited conduct.

Absent the student’s consent, a person who holds a professional

license requiring confidentiality, such as a counselor, or who is su-

pervised by such a person, or a shall not be required to disclose a

report of prohibited conduct without the student’s consent.

A person who is a nonprofessional counselor or advocate desig-

nated in administrative procedures as a confidential source shall

onlynot be required to disclose the type of information regarding an

incident reported. The person may not discloseof prohibited con-

duct that constitutes personally identifiable information about a

student or other information that would violateindicate the student’s

identity without the student’s expectation of privacy. consent, un-

Student Report

Employee Report

Exceptions

Disclosure at Event

Employee Subject to Confidentiality Rules

52



less the person is disclosing information as required for inclusion in

the College District’s annual security report under the Clery Act

[see GCC].

For the purposes of this policy, College District officials are the Title

IX coordinator and the College President.

Reports of discrimination based on sex, including sexual harass-

ment andor 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:

Name: Kimberly McKayKimberly McKay

Position: Vice President of Student Services and Enrollment

ManagementVice President of Student Services

and Enrollment Management

Address: 201 W. University Blvd, Odessa, TX 79764201 W.

University, Odessa, TX 79764

Telephone: (432) 335-6683(432) 335-6683

The College PresidentThe College President or designee shall

serve as coordinator for purposes of College District compliance

with all other antidiscrimination laws.

A student shall not be required to report prohibited conduct to the

person alleged to have committed the conduct. Reports concerning

prohibited conduct, including reports against the Title IX coordina-

tor, may be directed to the College President.

A report against the College PresidentCollege President may be

made directly to the Board. If a report is made directly to the Board,

the Board shall appoint an appropriate person to conduct an inves-

tigation.

Reports of prohibited conduct shall be made as soon as possible

after the alleged act or knowledge of the alleged act. A failure to

immediately report may impair the College District’s ability to inves-

tigate and address the prohibited conduct.

The College District may request, but shall not require, a written

report. If a report is made orally, the College District official shall

reduce the report to written form.

Upon receipt or notice of a report, the College District official shall

determine whether the allegations, if proven, would constitute pro-

hibited conduct as defined by this policy. If so, the College District

Definition of College District Officials

Title IX Coordinator

Other Anti- discrimination Laws

Alternative Reporting Procedures

Timely Reporting

Investigation of the Report

Initial Assessment

53



official shall immediately notify the parties to the complaint of the

allegations and the formal and informal options for resolution of the

complaint.

If the College District official determines that the allegations, if

proven, would not constitute prohibited conduct as defined by this

policy but may constitute a violation of other College District rules

or regulations, the College District official shall refer the complaint

for consideration under the appropriate policy.

If the parties voluntarily agree to participate in informal resolution of

the complaint, the College District official shall determine if informal

resolution is appropriate for the complaint. If the official determines

that informal resolution is appropriate, then the official may facili-

tate that resolution. If the official does not determine informal reso-

lution to be appropriate, then the complaint will be subject to the

formal resolution process.

If any of the parties decline to participate in informal resolution of

the complaint or the College District official finds informal resolution

of the complaint to be inappropriate, the College District official

shall authorize or undertake an investigation, except as provided

below at Criminal Investigation.

If appropriate and regardless of whether a criminal or regulatory

investigation regarding the alleged conduct is pending, the College

District shall promptly take interim action calculated to address

prohibited conduct prior to the completion of the College District’s

investigation.

The investigation may be conducted by the College District official

or a designee or by a third party designated by the College District,

such as an attorney. The investigator shall have received appropri-

ate training regarding the issues related to the complaint and the

relevant College District’s policy and procedures.

The investigation may consist of personal interviews with the per-

son making the report, the person against whom the report is filed,

and others with knowledge of the circumstances surrounding the

allegations. The investigation may also include analysis of other

information or documents related to the allegations.

If a law enforcement or regulatory agency notifies the College Dis-

trict that a criminal or regulatory investigation has been initiated,

the College District shall confer with the agency to determine if the

College District’s investigation would impede the criminal or regula-

tory investigation. The College District shall proceed with its inves-

tigation only to the extent that it does not impede the ongoing crim-

inal or regulatory investigation. After the law enforcement or

Informal Resolution

Formal Resolution

Interim Action

College District Investigation

Criminal Investigation

54



regulatory agency has completed gathering its evidence, the Col-

lege District shall promptly resume its investigation.

Absent extenuating circumstances, such as a request by a law en-

forcement or regulatory agency for the College District to delay its

investigation, the investigation should be completed within ten Col-

lege District business days from the date of the report; however,

the investigator shall take additional time if necessary to complete

a thorough investigation.

The investigator shall prepare a written report of the investigation.

The report shall be filed with the College District official overseeing

the investigation.

The College District shall provide written notice of the outcome,

within the extent permitted by the Family Educational Rights and

Privacy Act (FERPA) or other law, to the victim and the person

against whom the complaint is filed. The parties shall be given the

opportunity to respond to the report.

The College District shall determine, based on the results of the

investigation, whether each individual allegation of misconduct oc-

curred using a preponderance of the evidence standard. If the re-

sults of an investigation indicate that prohibited conduct occurred,

the College District shall promptly respond by taking appropriate

disciplinary or corrective action reasonably calculated to address

the conduct, in accordance with College District policy and proce-

dures. [See FM and FMA]

Examples of corrective action may include:

Providing a training program for those involved in the com-

plaint;

Providing a comprehensive education program for the College

District community;

Providing counseling for the victim and the student who en-

gaged in prohibited conduct;

Permitting the victim or student engaged in the prohibited

conduct to drop a course in which they both are enrolled with-

out penalty;

Conducting follow-up inquiries to determine if any new inci-

dents or any instances of retaliation have occurred;

Involving students in efforts to identify problems and improve

the College District climate;

Concluding the Investigation

Notification of the Outcome

College District Action

Prohibited Conduct

Corrective Action

55


DATE ISSUED: 12/5/201912/2017 ADOPTED: 7 of 7 UPDATE 3733 FFDA(LOCAL)-AJC

Increasing staff monitoring of areas where prohibited conduct

has occurred; and

Reaffirming the College District’s policy against discrimination

and harassment.

The College District shall minimize attempts to require a student

who complains of sexual harassment to resolve the problem direct-

ly with the person who engaged in the harassment; however, if that

is the most appropriate resolution method, the College District shall

be involved in an appropriate manner.

If the investigation reveals improper conduct that did not rise to the

level of prohibited conduct, the College District may take discipli-

nary action in accordance with College District policy and proce-

dures or other corrective action reasonably calculated to address

the conduct.

To the greatest extent possible, the College District shall respect

the privacy of the complainant, persons against whom a report is

filed, and witnesses. Limited disclosures may be necessary in or-

der to conduct a thorough investigation and comply with applicable

law.

A party who is dissatisfied with the outcome of the investigation

may appeal through the applicable grievance policy beginning at

the appropriate level. [See DGBA(LOCAL) for employees,

FLD(LOCAL) for students, and GB(LOCAL) for community mem-

bers] A party shall be informed of his or her right to file a complaint

with the U.S. Department of Education Office for Civil Rights.

Retention of records shall be in accordance with the College Dis-

trict’s records retention procedures. [See CIA]

Information regarding this policy and any accompanying proce-

dures, as well as relevant educational and resource materials con-

cerning the topics discussed in this policy, shall be distributed an-

nually to College District employees and students in compliance

with law and in a manner calculated to provide easy access and

wide distribution, such as through electronic distribution and inclu-

sion in the employee and student handbooks and other major Col-

lege District publications. Information regarding the policy, proce-

dures, and related materials shall also be prominently published on

the College District’s website, taking into account applicable legal

requirements. Copies of the policy and procedures shall be readily

available at the College District’s administrative offices and shall be

distributed to a student who makes a report.

Exception

Improper Conduct

Confidentiality

Appeal

Records Retention

Access to Policy, Procedures, and Related Materials

56

Odessa College 068501 STUDENT ACTIVITIES FKC REGISTERED STUDENT ORGANIZATIONS (LOCAL)

DATE ISSUED: 12/5/20199/15/2015 ADOPTED: 1 of 2 UPDATE 37LDU 2015.02 FKC(LOCAL)-X

An organization in which membership is limited to students, staff,

and faculty may become a registered student organization by com-

plying with the registration procedures established by the director

of student lifedirector of student life.

Registered student organizations shall abide by College District

policies and procedures and applicable law. Registered status shall

not imply that the College District endorses a student organiza-

tion’s opinions and activities.

An eligible group of students shall be entitled to register as a stu-

dent organization. Approval for registration of an organization on

any one campus or center shall be effective College District-wide.

A group shall be eligible for registration if:

1. Its membership consists of seven or more students.

2. It does not deny membership to anyone on the basis of sex,

disability, age, color, race, nationality, or religion.

3. It has an adviser who is a member of the faculty or the staff.

4. It is not under a disciplinary penalty prohibiting registration.

5. It conducts its affairs in accordance with College District poli-

cies, procedures, rules, and regulations; as well as with local,

state, and federal laws.

6. Its membership is limited only to students, staff, and faculty of

the College District.

Regardless of the above criteria, the College District shall not deny

an application for registration based on a political, religious, philo-

sophical, ideological, or academic viewpoint expressed by the or-

ganization or any expressive activities of the organization.

If the director of student lifeIf the director of student life does not

approve the application for registration, he or she shall provide the

applicant with a copy of a written statement of the reasons for re-

fusal, and the applicant may appeal in accordance with

FLD(LOCAL), beginning at the appropriate level.

Each registered student organization shall adopt a written charter,

constitution, or other governing document. A copy shall be filed

with the College District.

A registered student organization may conduct meetings, events,

performances, and similar activities in accordance with College

District facilities use policies and procedures. [See FLA]FLAA] The

organization shall not advertise, promote, or represent that an

event or activity is associated with the College District unless prior

Registration Required

Eligibility

Rejection of Application

Rights and Duties

57

Odessa College 068501 STUDENT ACTIVITIES FKC REGISTERED STUDENT ORGANIZATIONS (LOCAL)

DATE ISSUED: 12/5/20199/15/2015 ADOPTED:ADOPTED: 2 of 2 UPDATE 37LDU 2015.02 FKC(LOCAL)-X

approval is obtained in accordance with applicable procedures.

[See FK]

A registered student organization may distribute written or printed

materials or other visual or auditory materials in accordance with

College District literature distribution policies and procedures. [See

FLA] The organization may not represent that visual or auditory

materials are sponsored by the College District unless prior ap-

proval is obtained in accordance with applicable procedures. [See

FKA]

In accordance with state law, officers of a registered student organ-

ization shall attend a risk management program provided by the

College District.

Each registered student organization shall submit the following:

1. At the beginning of each semester, a complete list of officers

or other representatives of the organization who are author-

ized to receive official notices, directives, or information from

the College District on behalf of the organization. The list shall

be kept current and accurate by the organization.

2. At the beginning of each academic year, an affidavit stating

that the organization or group has adopted a risk manage-

ment policy that reflects the standards of the risk manage-

ment program provided by the College District.

Upon written notice, a student organization’s registered status may

be revoked by the director of student lifedirector of student life if it:

1. No longer meets the eligibility requirements; or

2. Violates College District policies and procedures or local,

state, or federal law.

A student organization whose registered status has been revoked

may appeal in accordance with FLD(LOCAL).

A student organization whose registered status has been revoked

shall be prohibited from reapplying for registered status for a period

described in the revocation notice. The prohibition shall be for a

period of not less than four months following the date of the notice

and may be permanent. The revocation shall be effective College

District-wide.

In addition to the revocation of registered status, violations of Col-

lege District policies and procedures or local, state, or federal law

shall subject the student organization and its individual members to

disciplinary action in accordance with policies FM and FMA.

Required Submissions

Loss of Registration

Disciplinary Violations

58

Odessa College 068501 STUDENT RIGHTS AND RESPONSIBILITIES FLA STUDENT EXPRESSION AND USE OF COLLEGE FACILITIES (LOCAL)

DATE ISSUED: 12/5/20199/15/2015 1 of 6 UPDATE 37LDU 2015.02 FLA(LOCAL)-X

Note: For expression and use of College District facilities by

employees and employee organizations, see DGC. For

expression and use of College District facilities by the

community, including by nonstudents and organizations

that are not registered student organizations, see GD.




on any College District premises by any College District student or

registered student organization [see FKC], except in accordance

with this policy.


lege District endorse, the contents of any materialsnonschool lit-

erature distributed by students or registered student organizations

that is not sponsored by the College District.

Materials distributed under the supervision of instructional person-

nel as a part of instruction or other authorized classroom activities

shall not be considered nonschool literature and shall not be gov-

erned by this policy.

[For distribution of nonschool literature by nonstudents and organi-

zations that are not registered student organizations, see GD]

MaterialsNonschool literature shall not be distributed by students

or registered student organizations on College District property if:

1. The materials are obscene.

2. The materials contain defamatory statements about public

figures or others.


and are likely to incite or produce such action.

4. The materials are considered prohibited harassment. [See

DIAA, DIAB, FFDA, and FFDB]

5. The materials constitute nonpermissible solicitation. [See FI]


College District. [See CT]

The chief student services officer or designee shall designate

times, locations, and means by which nonschool literature that is


available or distributed by students or registered student organiza-

tions to students or others at College District facilities.




59



Distribution of the materialsnonschool literature shall be conducted

in a manner that:

1. Is not disruptive; [See FLB]


ties;


4. Does not coerce, badger, or intimidate a person;





distributed of any materialsliterature that werewas discarded or

leftover.

The chief student services officer or designee shall designate

times, locations, and means by which materials that are appropri-

ate for distribution, as provided in this policy, may be made availa-

ble or distributed by students or registered student organizations to

students or others in College District facilities and in areas that are

not considered common outdoor areas.

For the purposes of this policy, “sign” shall be defined as a bill-

board, decal, notice, placard, poster, banner, or any kind of hand-

held sign; and “posting” shall be defined as any means used for

displaying a sign.

Except for signs that violate the restrictions in this policy and ad-

ministrative procedureslimitations on content, as described above,

a student or registered student organization may publicly post a

sign on College District property in common outdoor areas and in

areas or locations designated by the chief student services

officerchief student services officer or designee. No object other

than a sign may be posted on College District property.

Before publicly posting a sign, a student or registered student or-

ganization shall:

1. Deliver a copy, photograph, or description of the sign to be

posted.

2. Give notice of the following information:

a. The name of the student or registered student organiza-

tion and, if an organization, the name of its adviser;

Posting of Signs

60



b. The proposed general location for posting the sign;

c. The length of time the sign will be posted; and

d. The signature of the student or, if a registered student

organization, the signature of its authorized representa-

tive and the signature of its adviser.

3. Place the expiration date of posting on each sign posted.

A sign shall not be larger than 22 inches by 28 inches, unless au-

thorized by the chief student services officer or designee.chief

student services officer or designee. A sign shall not be attached or

posted:

1. To a shrub or plant;

2. To a tree, except by string to its trunk;

3. To a permanent sign installed for another purpose;

4. To a fence or chain or its supporting structure;

5. To a brick, concrete, or masonry structure;

6. To a statue, monument, or similar structure;

7. On or adjacent to a fire hydrant; or

8. In a College District building, except on a bulletin board or

approved space designated for that purpose.

A student or registered student organization shall remove each

sign not later than 14 days after posting or, if it relates to an event,

not longer than 24 hours after the event to which it relates has

ended.

A sign posted in accordance with this section shall not be removed

without permission from the chief student services officerchief

student services officer or designee, the student, or the registered

student organization.

MaterialsLiterature distributed by a registered student organization

must include a disclaimer indicating that the materials areliterature

is not sponsored by the College District and dodoes not represent

the views of the College District or College District officials, faculty,

or staff.


available to students or registered student organizations [see FKC]

when such use does not conflict with use by, or any of the policies

and procedures of, the College District. The requesting students or

student organization shall pay all expenses incurred by their use of

Restrictions

Removal

Disclaimer

Facilities Use

61



facilities in accordance with a fee schedule developed by the

Board.

To request permission to meet in College District facilities, interest-

ed students or registered student organizations shall file a written

request with the chief student services officer or designee in ac-

cordance with administrative procedures.

The students or the registered student organization making the re-

quest shall indicate that they have read and understand the poli-

cies and rules governing use of College District facilities and that

they will abide by those rules.

The chief student services officer or designee shall approve or re-

ject the request in accordance with provisions and deadlines set

out in this policy and administrative procedures, without regard to

the religious, political, philosophical, ideological, academic view-

point, or other content of the speech likely to be associated with

the student’s or registered student organization’s use of the facility.





the time requested;



3. The proposed use includes nonpermissible solicitation [see

FI];




sonable efforts;




ademic program;






Requests

Approval

62



The chief student services officer shall provide the applicant a writ-

ten statement of the grounds for rejection if a request is denied.


subject to the approval procedures. Students and student organi-

zations may engage in expressive activities in common outdoor

areas, unless:








In accordance with administrative procedures, all students and reg-

istered student organizations shall be given access on the same

basis for making announcements and publicizing their meetings

and activities.

Students or registered student organizations distributing materials

on campus or using College District facilities shall provide identifi-

cation when requested to do so by a College District representa-

tive.

Failure to comply with thisthe policy and associated procedures

regarding distribution of nonschool literature shall result in appro-

priate administrative action, including but not limited to, confisca-

tion of nonconforming materials, suspension of a student’s or regis-

tered student organization’s use of College District facilities, and/or

other disciplinary action in accordance with the College District’s

discipline policies and procedures [see FM and FMA].

Faculty members, students, or student organizations that interfere

with the expressive activities permitted by this policy shall be sub-

ject to disciplinary action in accordance with the College District’s

discipline policies and procedures [see DH, FM, and FMA].

Decisions made by the administration in accordance with this poli-

cy may be appealed in accordance with DGBA(LOCAL) or

FLD(LOCAL), as applicable.


lege District’s website and distributed in the student and employee

handbooks and other appropriate publications. They must also be

distributed to students at orientation.



Identification

Violations of Policy


Appeals

Publication

63


DATE ISSUED: 12/5/20199/15/2015 ADOPTED: 6 of 6 UPDATE 37LDU 2015.02 FLA(LOCAL)-X

).

64

Odessa College 068501 STUDENT EXPRESSION FLAA STUDENT USE OF COLLEGE DISTRICT FACILITIES (LOCAL)

DATE ISSUED: 4/13/2017 1 of 2 UPDATE 32 FLAA(LOCAL)-X


available to students or registered student organizations [see FKC]

when such use does not conflict with use by, or any of the policies

and procedures of, the College District. The requesting student or

student organization shall pay all expenses incurred by their use of

the facilities in accordance with a fee schedule developed by the

Board.

To request permission to meet on College District premises, inter-

ested students or registered student organizations shall file a writ-

ten request with the chief student services officer or designee in

accordance with administrative procedures.

The students or the registered student organization making the re-

quest shall indicate that they have read and understand the poli-

cies and rules governing use of College District facilities and that

they will abide by those rules.

The chief student services officer or designee shall approve or re-

ject the request in accordance with provisions of and deadlines set

out in this policy and administrative procedures, without regard to

the religious, political, philosophical, or other content of the speech

likely to be associated with the student’s or registered student or-

ganization’s use of the facility.





the time requested;



3. The proposed use includes nonpermissible solicitation [see

FI];




sonable efforts;




ademic program;

Requests

Approval

65

Odessa College 068501 STUDENT EXPRESSION FLAA STUDENT USE OF COLLEGE DISTRICT FACILITIES (LOCAL)

DATE ISSUED: 4/13/2017 ADOPTED: 2 of 2 UPDATE 32 FLAA(LOCAL)-X






The chief student services officer shall provide the applicant a writ-

ten statement of the grounds for rejection if a request is denied.

In accordance with administrative procedures, all students and reg-

istered student organizations shall be given access on the same

basis for making announcements and publicizing their meetings

and activities.

Students or registered student organizations using College District

facilities shall provide identification when requested to do so by a


Failure to comply with the policy and procedures regarding student

use of College District facilities shall result in appropriate adminis-

trative action, including but not limited to, suspension of a student’s

or a registered student organization’s use of College District facili-

ties and/or other disciplinary action in accordance with the College

District’s discipline policies and procedures [see FM and FMA].


pealed in accordance with FLD(LOCAL).

[For distribution of literature, see FLA]


Identification

Violations

Appeals

66

Odessa College 068501 STUDENT RIGHTS AND RESPONSIBILITIES FLB STUDENT CONDUCT (LOCAL)

DATE ISSUED: 12/5/201912/2017 1 of 6 UPDATE 3733 FLB(LOCAL)-AJC

Definitions of terms used in this policy shall be as follows.

A “student” shall mean one who is currently enrolled in the College

District. These policies and regulations shall also apply to any pro-

spective or former student who has been accepted for admission

or readmission to any component institution while he or she is on

the premises of any component institution.

The “premises” of the College District is defined as all real property

over which the College District has possession and control.

“Scholastic dishonesty” shall include, but not be limited to, cheat-

ing, plagiarism, and collusion.

“Cheating” shall include, but shall not be limited to:

1. Copying from another student’s test or class work;

2. Using test materials not authorized by the person administer-

ing the test;

3. Collaborating with or seeking aid from another student during

a test without permission from the test administrator;

4. Knowingly using, buying, selling, stealing, or soliciting, in

whole or in part, the contents of an unadministered test, pa-

per, or another assignment;

5. The unauthorized transporting or removal, in whole or in part,

of the contents of the unadministered test;

6. Substituting for another student, or permitting another student

to substitute for one’s self, to take a test;

7. Bribing another person to obtain an unadministered test or

information about an unadministered test; or

8. Manipulating a test, assignment, or final course grades.

“Plagiarism” shall be defined as the appropriating, buying, receiv-

ing as a gift, or obtaining by any means another’s work and the

unacknowledged submission or incorporation of it in one’s own

written work.

“Collusion” shall be defined as the unauthorized collaboration with

another person in preparing written work for fulfillment of course

requirements.

“Disorderly conduct” shall include any of the following activities oc-

curring on premises owned or controlled by the College District:

Definitions

“Student”

“Premises”

“Scholastic Dishonesty”

“Disorderly ConductConduct’’

67



1. Behavior of a boisterous and tumultuous character such that

there is a clear and present danger of alarming persons

where no legitimate reason for alarm exists.

2. Interference with the peaceful and lawful conduct of persons

under circumstances in which there is reason to believe that

such conduct will cause or provoke a disturbance.

3. Violent and forceful behavior at any time such that there is a

clear and present danger that free movement of other per-

sons will be impaired.

4. Behavior involving personal abuse or assault when such be-

havior creates a clear and present danger of causing assaults

or fights.

5. Violent, abusive, indecent, profane, boisterous, unreasonably

loud, or otherwise disorderly conduct under circumstances in

which there is reason to believe that such conduct will cause

or provoke a disturbance.

6. Willful and malicious behavior that interrupts the speaker of

any lawful assembly or impairs the lawful right of others to

participate effectively in such assembly or meeting when

there is reason to believe that such conduct will cause or pro-

voke a disturbance.

7. Willful and malicious behavior that obstructs or causes the

obstruction of any doorway, hall, or any other passageway in

a College District building to such an extent that the employ-

ees, officers, and other persons, including visitors, having

business with the College District are denied entrance into,

exit from, or free passage in such building.

Each student shall be charged with notice and knowledge of, and

shall be required to comply with, the contents and provisions of the

College District’s rules and regulations concerning student conduct.

All students shall obey the law, show respect for properly constitut-

ed authority, and observe correct standards of conduct. Each stu-

dent shall be expected to:

1. Demonstrate courtesy, even when others do not;

2. Behave in a responsible manner, always exercising self-

discipline;

3. Attend all classes, regularly and on time;

4. Prepare for each class and take appropriate materials and

assignments to class;

Responsibility

68



5. Obey all classroom rules;

6. Respect the rights and privileges of students, faculty, and

other College District staff and volunteers;

7. Respect the property of others, including College District

property and facilities; and

8. Cooperate with and assist the College District staff in main-

taining safety, order, and discipline.

Violations of federal, state, or local law or College District policies,

procedures, or rules, including the student handbook shall be pro-

hibited.

Possession, distribution, sale, or use of firearms, location-restricted

knives, clubs, knuckles, or other prohibited weapons, as described

in CHF, without prior approval shall be prohibited.

The following behavior regarding drugs and alcohol shall be pro-

hibited:

1. The use, possession, control, manufacture, transmission, or

sale, or being under the influence, of a drug or narcotic, as

those terms are defined by the Texas Controlled Substances

Act, or other prohibited substances described in FLBE, unless

under the direction of a physician;


sale of paraphernalia related to any prohibited substance; and


sale, or being under the influence, of alcohol or other intoxi-

cating beverage without the permission of the College District.

Owing a monetary debt to the College District that is considered

delinquent or writing an “insufficient funds” check to the College

District shall be prohibited.

“Disorderly conduct,” as defined above, or disruptive behavior shall

be prohibited.

The following behavior targeting others shall be prohibited:

1. Threatening another person, including a student or employee;

2. Intentionally, knowingly, or negligently causing physical harm

to any person;

3. Engaging in conduct that constitutes harassment, sexual as-

sault, bullying, or dating violence, stalking, or bullying directed

Prohibited Conduct

Federal, State, and Local Law

Prohibited Weapons

Drugs and Alcohol

Debts

Disruptions

Behavior Targeting Others

69



toward another person, including a student or employee; [See

DIA series, FFD series, and FFE as appropriate]

4. Hazing with or without the consent of a student; [See FLBC]

5. Initiations by organizations that include features that are dan-

gerous, harmful, or degrading to the student, a violation of

which also renders the organization subject to appropriate

discipline; and

6. Endangering the health or safety of members of the College

District community or visitors to the premises.

The following behavior regarding property shall be prohibited:

1. Intentionally, knowingly, or negligently defacing, damaging,

misusing, or destroying College District property or property

owned by others;

2. Stealing from the College District or others; and

3. Theft, sabotage, destruction, distribution, or other use of the

intellectual property of the College District or third parties

without permission.

Failure to comply with directives given by College District person-

nel, and failure to provide identification when requested to do so by

College District personnel shall be prohibited.

Possession or use of tobacco products or e-cigarettes on College

District property without authorization shall be prohibited. [See

FLBD]"E-cigarette" means an electronic cigarette or any other de-

vice that simulates smoking by using a mechanical heating ele-

ment, battery, or electronic circuit to deliver nicotine or other sub-

stances to the individual inhaling from the device. The term does

not include a prescription medical device unrelated to the cessation

of smoking. The term includes:




tion; and

2. A component, part, or accessory for the device, regardless of


from the device.

The following behavior regarding misuse of technology shall be

prohibited:

1. Violating policies, rules, or agreements signed by the student

regarding the use of technology resources;

Property

Directives


Misuse of Technology

70



2. Attempting to access or circumvent passwords or other secu-

rity-related information of the College District, students, or

employees or uploading or creating computer viruses;

3. Attempting to alter, destroy, disable, or restrict access to Col-

lege District technology resources including but not limited to

computers and related equipment, College District data, the

data of others, or other networks connected to the College

District’s system without permission;

4. Using the internetInternet or other electronic communications

to threaten College District students, employees, or volun-

teers;

5. Sending, posting, or possessing electronic messages that are

abusive, obscene, sexually oriented, threatening, harassing,

damaging to another’s reputation, or illegal;

6. Using emaile-mail or websites to engage in or encourage ille-

gal behavior or threaten the safety of the College District, stu-

dents, employees, or visitors; and

7. Possessing published or electronic material that is designed

to promote or encourage illegal behavior or that could threat-

en the safety of the College District, students, employees, or

visitors.

The following behavior regarding dishonesty shall be prohibited:

1. Scholastic dishonesty, as defined above;

2. Making false accusations or perpetrating hoaxes regarding

the safety of the College District, students, employees, or visi-

tors;

3. Intentionally or knowingly providing false information to the

College District; and

4. Intentionally or knowingly falsifying records, passes, or other

College District-related documents.

Gambling or engaging in any other conduct that College District

officials might reasonably believe will substantially disrupt the Col-

lege District program or incite violence shall be prohibited.

A student shall be subject to discipline, including suspension, in

accordance with FM and FMA if the student violates this policy:

1. While on College District premises;

2. While attending a College District activity; or

Dishonesty

Gambling and Other Conduct

Discipline

71


DATE ISSUED: 12/5/201912/2017 ADOPTED: 6 of 6 UPDATE 3733 FLB(LOCAL)-AJC

3. While elsewhere if the behavior adversely impacts the educa-

tional environment or otherwise interferes with the College

District’s operations or objectives.

The student conduct rules contained in this policy and any other

conduct rules of the College District developed by the College

PresidentCollege President shall be published in the student hand-

book.

Publication

72

Odessa College 068501 PUBLIC INFORMATION PROGRAM GCB REQUESTS FOR INFORMATION (LOCAL)

DATE ISSUED: 12/5/201912/2017 ADOPTED: 1 of 1 UPDATE 3733 GCB(LOCAL)-AJC

Requests for public information shall be made to the College Dis-

trict by one of the following methods:

1. Hand delivery;

2. U.S. mail to 201 W. University Blvd, Odessa, TX 79764; or

3. Email at [email protected].

In the event a catastrophe, as defined by law, impacts the College

District, the Board shall suspend the applicability of the Texas Pub-

lic Information Act to the College District for the time permitted by

law and provide the required notices to the attorney general and

the public. The Board shall extend an initial suspension period as

necessary in accordance with law. [See GCB(LEGAL)]

In addition to other labor charges permitted by, and in accordance

with law, the College District shall charge a requestor for additional

personnel time spent producing information for the requestor after

College District personnel have collectively spent::

1. Thirty-six hours of time during the College District’s fiscal

year; or

2. Fifteen hours of time during a one-month period.

Suspension of Public Information During Catastrophe

Charging for Personnel Time

73

Odessa College 068501 COMMUNITY EXPRESSION AND USE OF COLLEGE DISTRICT FACILI-TIES

GD

(LOCAL)

DATE ISSUED: 12/510/3/2019 1 of 6 UPDATE 37LDU 2019.05 GD(LOCAL)-X

Note: For expression and use of College District facilities and

distribution of literature by students and registered stu-

dent organizations, see FLA. For expression and use of

College District facilities by employees and employee or-

ganizations, see DGC. For use of the College District’s

internal mail system, see CHE.


available to members of the College District community and com-

munity organizations, including College District support organiza-

tions, when such use is for educational, recreational, civic, or social

activities and the use does not conflict with use by, or any of the

policies and procedures of, the College District.

[For use by employees or employee organizations, see DGD. For

use by students and registered student organizations, see FLAA.]

To request permission to meet inon College District facilitiesprem-

ises, interested community members or organizations shall file a

written request with the executive director of marketing and com-

munications in accordance with administrative procedures.

The community members or organization making the request shall

indicate that they have read and understand the policies and rules

governing use of College District facilities and that they will abide

by those rules.

Requests for community use of College District facilities shall be

considered on a first-come, first-served basis.


approve or reject the request in accordance with provisions of and

deadlines set out in this policy and administrative procedures, with-

out regard to the religious, political, philosophical, ideological, aca-

demic viewpoint, or other content of the speech likely to be associ-

ated with the community members’ or organization’s use of the

facility.





the time requested;

2. The applicant is subject to a sanction [see Violations of Policy,

below] prohibiting the use of the facility;

Use of College District Facilities

Requests

Approval

74


GD

(LOCAL)





sonable efforts;



5. The proposed activity would disrupt or disturb the regular aca-

demic program;




7. The proposed use is a graduation ceremony for an academic

institution that has not been approved by either the Texas Ed-

ucation Agency or the Texas Private School Accreditation

Commission. This provision does not apply to kindergarten,

preschool, or daycare.


subject to the approval procedures. Community members and or-

ganizations may engage in expressive activities in common out-

door areas, unless:








The College District shall not permit individuals or organizations to

use its facilities for financial gain; however, the College District

shall permit public performances or presentations when these ac-

tivities are deemed to be in the best interest of the College District

and the community and do not conflict with College District use or

with this policy.

The College District shall permit nonprofit organizations to conduct

fundraising events on College District property when these activi-

ties do not conflict with College District use or with this policy.

A College District facility may be used as an official polling place.

College District facilities may be available for use by individuals or


For-Profit Use

Nonprofit Use

Campaign-Related Use

75


GD

(LOCAL)


groups for political advertising, campaign communications, or elec-

tioneering, to the extent permitted by state law.

No approval shall be required for nonschool-related recreational

use of the College District’s unlocked, outdoor recreational facili-

ties, such as the track, tennis courts, and the like, when the facili-

ties are not in use by the College District or for another scheduled

purpose.




In case of emergencies or disasters, the College President may

authorize the use of College District facilities by civil defense,

health, or emergency service authorities.

The College District shall permit repeated use by any community

member or organization in accordance with administrative proce-

dures.

Any limitations on repeated use by a community member or organi-

zation shall not apply to any group or organization when the pri-

mary participants in the activities are College District students, fac-

ulty, or staff.

Academic and extracurricular activities sponsored by the College

District shall always have priority when any use is scheduled. The

executive director of marketing and communications shall have au-

thority to cancel a scheduled use by a community member or or-

ganization if an unexpected conflict arises with a College District

activity.

Any community member or organization approved for a nonschool

use of College District facilities shall be required to complete a writ-

ten agreement indicating receipt and understanding of this policy

and any applicable administrative regulations, and acknowledging

that the College District is not liable for any personal injury or dam-

ages to personal property related to the nonschool use.

A community member or organization authorized to use College

District facilities shall be charged a fee for the use of designated fa-

cilities.

The Board shall establish and publish a schedule of fees based on

the cost of the physical operation of the facilities, as well as any

applicable personnel costs for supervision, custodial services, food

services, security, and technology services.

No Approval Required

Written Notice if Request Rejected

Emergency Use

Repeated Use

Exception

Scheduling

Use Agreement

Fees for Use

Exception

76


GD

(LOCAL)


Fees shall not be charged when College District buildings are used

for public meetings sponsored by state or local governmental

agencies.

Community members and organizations using College District facil-

ities shall:

1. Conduct business in an orderly manner;

2. Provide identification when requested to do so by a College

District representative;

3. Abide by all laws, policies, and procedures, including but not

limited to, those prohibiting the use, sale, or possession of al-

coholic beverages, illegal drugs, and firearms, and the use of

tobacco products or e-cigarettes on College District property

unless the use of tobacco products or e-cigarettes is in a des-

ignated area approved by the College President; [See CHF,

GDA, and Alcohol Prohibited, below]

4. Make no alteration, temporary or permanent, to College Dis-

trict property without prior written consent from the College

President; and

5. Be responsible for the cost of repairing any damages incurred

during use and shall be required to indemnify the College Dis-

trict for the cost of any such repairs.

Possessing and drinking alcoholic beverages is prohibited on Col-

lege District property.

With the prior consent of the College President, the provisions

herein may be waived with respect to any specific event that is

sponsored by the College District.

State law shall be strictly enforced at all times on all property con-

trolled by the College District regarding the possession and con-

sumption of alcoholic beverages.




on any College District premises by any community member or or-

ganization, including a College District support organization except

in accordance with this policy.


lege District endorse, the contents of any materialsnonschool liter-

ature distributed by a community member or organization.

Required Conduct

Alcohol Prohibited

Exception

Compliance with State Law


77


GD

(LOCAL)


[See CHE regarding use of the College District’s internal mail sys-

tem and FLA regarding distribution of literature by students and

registered student organizations]

MaterialsNonschool literature shall not be distributed by a commu-

nity member or organization on College District property if:

1. The materials are obscene;

2. The materials contain defamatory statements about public fig-

ures or others;


and are likely to incite or produce such action;

4. The materials are considered prohibited harassment [see DIA

series and FFD series];

5. The materials constitute unauthorized solicitation [see Use of

College District Facilities, above]; or


College District [see CT].

The College President shall designate times, locations, and means

by which nonschool literature that is appropriate for distribution, as

provided in this policy, may be made available or distributed by

community members or organizations to students or others at Col-

lege District facilities.

Distribution of materialsthe nonschool literature shall be conducted

in a manner that:

1. Is not disruptive [see FLB];


ties;


4. Does not coerce, badger, or intimidate a person;





distributed of any materialsliterature that werewas discarded or left-

over.


designate times, locations, and means by which materials that are



78


GD

(LOCAL)

DATE ISSUED: 12/510/3/2019 ADOPTED: 6 of 6 UPDATE 37LDU 2019.05 GD(LOCAL)-X


available or distributed by community members or organizations to

others in College District facilities and in areas that are not consid-

ered common outdoor areas.

For the purposes of this policy, “sign” shall be defined as a bill-

board, decal, notice, placard, poster, banner, or any kind of hand-

held sign; and “posting” shall be defined as any means used for

displaying a sign.

No signs may be posted on College District property by a commu-

nity member or organization unless the posting qualifies as a per-

mitted campaign-related use or is in a common outdoor area sub-

ject to administrative procedures.

A College District support organization may post a sign in College

District facilities with prior approval of the executive director of mar-

keting and communications in accordance with the procedures de-

veloped for that purpose.

A community member or organization distributing materials on

campus shall provide identification when requested to do so by a


Failure to comply with thisthe policy and associated procedures re-

garding community use of College District facilities or distribution of

literature shall result in appropriate administrative action, including

but not limited to, the suspension of the individual’s or organiza-

tion’s use of College District facilities and the confiscation of non-

conforming materials.

Faculty members, students, or student organizations that interfere

with the expressive activities permitted by this policy shall be sub-

ject to disciplinary action in accordance with the College District’s

discipline policies and procedures. [See DH, FM, and FMA]

Decisions made by the administration in accordance with this pol-

icy may be appealed in accordance with GB(LOCAL), DGBA(LO-

CAL), and FLD(LOCAL) as applicable.


lege District’s website and distributed in the employee and student

handbooks and other appropriate publications.

).

Posting of Signs

Exception

Identification

Violations of Policy


Appeals

Publication

79


GDA

CONDUCT ON COLLEGE DISTRICT PREMISES (LOCAL)

DATE ISSUED: 12/54/30/2019 ADOPTED: 1 of 1 UPDATE 3736 GDA(LOCAL)-AJC

In accordance with law, during a period of disruption, the College

PresidentCollege President or designee may notify a person that

consent to remain on a College District campus or facility has been

withdrawn for no longer than 14 days if there is reasonable cause

to believe that the person willfully disrupted the orderly operation of

the College District and that his or her presence on College District

property will constitute a substantial and material threat to the or-

derly operation of the College District.

A party from whom consent has been withdrawn may request a

hearing on the withdrawal to be held in accordance with law.

The person may appeal the outcome of the hearing through the ap-

plicable grievance policy beginning at the appropriate level. [See

DGBA(LOCAL) for employees, FLD(LOCAL) for students, and

GB(LOCAL) for community members]

The College District prohibits the use of tobacco products and e-

cigarettes on College District property, in College District vehicles,

and at College District-related activities, unless authorized by the

College President or designee. [See FLBD]College President or

designee.

"E-cigarette" means an electronic cigarette or any other device that

simulates smoking by using a mechanical heating element, battery,

or electronic circuit to deliver nicotine or other substances to the in-

dividual inhaling from the device. The term does not include a pre-

scription medical device unrelated to the cessation of smoking. The

term includes:




tion; and

2.1. A component, part, or accessory for the device, regardless of


from the device.

Withdrawal of Consent to Remain on Campus

Hearing Procedures

Appeal


80

PROPERTY COMMITTEE BID TAB

SUMMARY OF VENDOR PROPOSALS

BID/RFP NO: RFP-20-007

PROJECT DESC: Globe Theater Landscaping Improvements

OPENING DATE: February 13, 2020

ESTIMATED BUDGET: $ 155,908

ESTIMATED TIMELINE: Work to begin upon receipt of P.O. with completion by April

1,2020

EVALUATION COMMITTEE: John Fitzgerald, Cruz Castillo, Bryan Heifner, Ken Zartner and,

Cindy Curnutt

SCOPE OF PROJECT: Demolition of existing planting, pathways and mulch. Remove

pavers and concrete curb. Design new irrigation system and extend to connect to existing

controls. New concrete pad, install concrete curbs, cedar fence and gate. Replace with

existing concrete pavers and new ones. Top soil, sod, and boring services to run water

under hardscape.

Prestige America LLC

Odessa, Texas

$ 66,684.80

A & A

Landscape & Main. of Texas

Odessa, Texas

$ 92,391.00

Cooper Construction

Midland, Texas

$ 113,700

Administration Recommends award to A & A Landscape & Maintenance of Texas.

Property Committee Action: Award to __________________________ for $ . Property Committee Voting FOR: __________________________________________________ Property Committee Voting AGAINST: ________________________________________________

81

TUITION & FEE PROPOSAL

Academic Years 2020-21 and 2021-22

ADMINISTRATION RECOMMENDATIONS:

2019-2020 (Current) 2020-2021 (Proposed) Annual Estimated Increase $91.00 In-District $95.00 In-District $260,000 $141.00 Out-of-District $146.00 Out-of-District $130,000 $163.00 Out-of-State $167.00 Out-of-State $25,000

Continue “First Course is Free” discount for first course taken at Odessa College Applies to High School graduates enrolling for first time at OC Also applies to students who have attended other colleges but are

enrolling for first time at OC 100% discount for 3 credit hours for the following charges:

Standard tuition rate Student Service Fees Student Activity Fees

Does not apply to lab fees or other incidental course fees First Six Dual Credit Free Program will continue through the 2020-2021 Academic Year. The program will end in the Spring of 2021. Academic Progress Tuition Discount Program will be replaced with the OC Select program beginning Fall 2020. Odessa College Select Program Students who opt in to the OC Select program will receive a 5% discount on all tuition and fees. Certain requirements must be met in order to remain in the program.

82

Fall 2020- Course Fee Change Requests Exhibit B

Page 1 of 2

Radiologic Technology Course Fee Proposal

PERSPECTIVE: Overall decrease in Lab Fees associated with the cost of film that is no longer needed due to technology.

Course Rubric

Course Name Current Fee

Proposed Fee

Delta Fee Description

RADR 1311 Basic Radiographic Procedures 105 0 (105) Removal of $30 lab fee and transfer of $75 Radiation Monitoring Device to RADR 2301

RADR 1313 Principles of Radiographic Imaging $30 $0 ($30) Removal of the $30 lab fee RADR 2217 Radiographic Pathology $30 $0 ($30) Removal of the $30 lab fee RADR 2233 Advanced Medical Imaging $115 $0 ($115) Transfer to RADR 2335 RADR 2335 Radiologic Technology Seminar $0 $150 $150 Transfer of $115 from RADR

2233 for Test Prep Fee plus an addition $35 to cover the increase in testing fees.

RADR 2301 Intermediate Radiographic Procedures

$30 $90 $60 Removal of the $30 lab fee and transfer in of the $75 Radiation monitoring Device from RADR 1311 plus an addition $15 for an increase in the equipment cost.

RADR 2305 Principles of Radiographic Imaging II $30 $0 ($30) Removal of the $30 lab fee RADR 1203 Introduction to Radiography 0 15 15 Supply fee that was approved

previously as a lab fee Lab fee 15 0 (15) Lab fee

TOTAL

Package Cost per Student

$355

$255

($100)

Surgical Technology Course Fee Proposal

PERSPECTIVE: Decrease in the excess insurance fee.

Course Rubric

Course Name Current Fee Proposed Fee


SURG 1560 Surgical Technology Clinic II $8 $0 ($8) Removal of Excess Insurance Fee SURG 2463 Surgical Technology Clinic III $8 $0 ($8) Removal of Excess Insurance Fee

TOTAL

$16

$0

($16)

Physical Therapist Assistant Course Fee Proposal

83

Fall 2020- Course Fee Change Requests Exhibit B

Page 2 of 2

PERSPECTIVE: Addition of fees associated with student supply kids and student skill kits.

Course Rubric


Proposed Fee


PTHA 1321 Pathophysiology for the PTA $0 $75 $75 Student Supply Kits PTHA 1405 Basic Patient Care Skills $0 $90 $90 Student Skill Kits PTHA 1431 Physical Agents $0 $10 $10 Registration Fee for required trip

TOTAL

$0

$175

$175

Automotive Technology Course Fee Proposal

PERSPECTIVE: Increase due to the addition of EPA Certification test fee that all students must take to be able to work on any motor vehicle.

Course Rubric


Proposed Fee


AUMT 1345 Automotive Climate Control Systems $30 $50 $20 Certification Test Fee

TOTAL

$30

$50

$20

84

ODESSA COLLEGE AUTHORIZED INVESTMENT BUSINESS ORGANIZATIONS

Effective February 25, 2020 Upon documented compliance with all requirements of the Odessa College Investment Policy, the business organizations listed below are authorized by the Board of Trustees to engage in investment transactions with the District.

Lone Star Investment Pool LOGIC Government Investment Cooperative TexPool Public Funds Investment Pool

Prosperity Bank BBVA Compass Bank JP Morgan Chase Bank Raymond James Financial Wells Fargo Bank Frost Bank Wells Fargo Institutional Brokerage UBS Financial Services Cantor Fitzgerald & Co. Hilltop Securities Inc.

The Investment Officers of Odessa College hereby attest that they (1) do not have a personal business relationship with any of the business organizations listed above and (2) are not related within the second degree by affinity or consanguinity to an individual seeking to sell for any of the organizations.

02/25/2020 Attest Date

02/25/2020 Attest Date

The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has:

(1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and

controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy.

Approved, this 28th day of May 2019 ________________________________________ Secretary, Board of Trustees

85

ODESSA COLLEGEBUDGET COMPARISON STATEMENT

CURRENT UNRESTRICTED INCOME & EXPENDITURESJanuary 31, 2020 and 2019

THROUGH TOTAL PERCENT THROUGH TOTAL PERCENTJANUARY BUDGET OF JANUARY BUDGET OF

2020 2019-2020 BUDGET 2019 2018-2019 BUDGETRevenues:

State Appropriation 4,146,942 9,641,570 43.0% 3,600,197 8,372,550 43.0%Ad Valorem Taxes 11,887,502 25,705,000 46.2% 11,133,578 23,847,048 46.7%Tuition and Fees - Credit 10,663,426 11,141,892 95.7% 10,053,291 10,982,652 91.5%Tuition and Fees - Non Credit 778,303 1,786,779 43.6% 660,551 1,727,055 38.2%Federal Grants & Contracts - 13,000 0.0% - 10,000 0.0%Other Income 437,169 1,191,100 36.7% 455,631 1,219,763 37.4%Gift Income 75,056 58,882 127.5% - 116,245 0.0%Investment Income 141,635 425,000 33.3% 175,710 350,000 50.2%Total Revenues 28,130,033 49,963,223 56.3% 26,078,958 46,625,313 55.9%

Salaries and Benefits:General Administration 785,370 2,021,586 38.8% 832,994 2,030,089 41.0%Student Services 1,056,679 2,710,476 39.0% 1,029,801 2,516,233 40.9%General Institutional 1,146,888 3,274,314 35.0% 978,219 2,713,335 36.1%Instruction 5,375,975 13,304,944 40.4% 4,888,757 12,396,830 39.4%Instructional Support 1,296,652 3,470,533 37.4% 1,130,276 3,456,843 32.7%Public Service 263,225 719,537 36.6% 219,528 693,426 31.7%Physical Plant 439,264 1,110,118 39.6% 440,203 1,077,186 40.9%Staff Benefits 2,370,888 5,592,480 42.4% 2,167,280 5,284,229 41.0% Total Payroll 12,734,941 32,203,988 39.5% 11,687,058 30,168,171 38.7%

Other Operating Expenditures:General Administration 217,929 343,576 63.4% 188,131 333,861 56.4%Student Services 266,873 505,922 52.7% 195,345 511,981 38.2%General Institutional 1,949,049 3,992,007 48.8% 1,939,571 3,546,504 54.7%Instruction 530,545 1,084,262 48.9% 554,377 1,060,169 52.3%Instructional Support 279,053 598,949 46.6% 200,142 495,920 40.4%Public Service 77,512 159,438 48.6% 37,881 165,949 22.8%Physical Plant Operations 1,057,361 1,756,874 60.2% 841,722 1,544,195 54.5%Utilties 451,206 1,115,750 40.4% 432,063 1,047,816 41.2%Scholarships & Allowances 1,449,602 1,605,000 90.3% 1,363,526 1,603,700 85.0%

6,279,130 11,161,778 56.3% 5,752,758 10,310,095 55.8%

Transfers In:Bookstore Profit (Loss) - 60,000 0.0% 46,607 65,000 71.7%OER Reserve Fund 33,333 100,000 33.3% 41,667 100,000 n/aOther Auxiliary Profit (Loss) 161,538 (117,730) n/a 174,873 (38,973) n/aInvestment Income - Plant Funds 32,210 20,000 161.1% 22,971 30,000 76.6%

Total Transfers In 227,081 62,270 364.7% 286,118 156,027 183.4%

Transfers Out:For Revenue Bond Debt Service - - n/a 1,053,900 2,484,000 42.4%Tuition for TPEG Scholarships 416,149 465,000 89.5% 407,419 450,000 90.5%To Technology Replacement Fund 83,136 600,000 13.9% 242,577 450,000 53.9%To Plant Renew/Replace Fund 33,543 750,000 4.5% 402,164 696,079 57.8%To Construction Funds 1,150,000 3,450,000 33.3% 375,000 900,000 41.7%Athletics Subsidy 798,413 1,357,213 58.8% 631,390 1,296,584 48.7%Other Transfers - 37,514 0.0% - 26,411 0.0% Total Transfers Out 2,481,241 6,659,727 37.3% 3,112,450 6,303,074 49.4%

Excess of Revenues overExpenditures and Transfers 6,861,802$ -$ 5,812,810$ -$

86

ODESSA COLLEGEBUDGET ADJUSTMENTS

February 25, 2020

GENERAL CONTINGENCY EXPENDITURES (11-10390-5388)Original Budget, September 1, 2019 $ 600,000

Approved Adjustments, January 28, 2020 (8,888)

Proposed Adjustments, February 25, 2020 ** (10,070)Balance Remaining for General Contingencies $ 581,043

INCREASES (DECREASES) IN INCOME BUDGETS

None

$ -

INCREASES (DECREASES) IN EXPENDITURE BUDGETS

Boiler Repairs18 - 66608 - 5363 Construction Building Repairs/Remodel 10,070 11 - 10390 - 5388 General Contingency Contingent Expenditures ** (10,070)

$ -

87

01/24/2020 American Program Bureau, Inc OC Honors 2020 Guest Speaker Geoffrey Canada $15,000.0001/29/2020 Hannon Hill Corporation Cascade Server CMS hosted renewal $36,118.0001/29/2020 ATI Nursing practice exam software (Funded by student fees) $66,985.0001/29/2020 Ector County Appraisal Dist Property Taxes on Terrace Apartments $18,149.7901/29/2020 Honeywell, Inc. Building Automation Maintenance Agreement $29,084.9601/29/2020 ISI COMMERCIAL REFRIGERATION LLC Culinary Arts Water Filter (Perkins Grant Funded) $10,306.1201/29/2020 Snap-On Incorporated Automotive Capital Equipment (Perkins Grant Funded) $10,400.3502/06/2020 Great Western Dining Meal Charges (Week ending 01/15/20 - 01/22/20 ) $44,433.7302/06/2020 GCA Services Group Custodial Services $67,454.7002/10/2020 Toyota of Midland 2020 Toyota Camry Drivers Ed Car (Approved Capital) $24,756.3802/12/2020 City of Odessa Water & Sewer Utilities - January $14,797.7502/12/2020 Burmax Co Inc Cosmetology Shampoo Bowls - 10 (Perkins Grant Funded) $18,144.8602/12/2020 JSA Architects Sewell AutoTech - Pay Application #22 $10,421.8302/12/2020 Ellucian Company, L.P. Annual Maintenance Renewal for Software Technical Services $32,085.0002/12/2020 Flying C Rodeo Company Llc Rodeo Livestock $21,500.0002/12/2020 Vanco Insulation Abatement Inc. Pay App 2 Terrace Apartment Demolition $83,918.0002/14/2020 Sewell Ford Inc. 2020 Ford Transit Vehicle (Approved Capital) $28,164.0002/19/2020 Dell Financial Services Llc Backup Software and Cloud Storage $41,796.9302/19/2020 Professional Turf Products Turf Mower (Approved Capital) $12,918.4902/19/2020 First Service Repair 2 Boilers $10,069.8402/19/2020 NRG Energy, Inc. Electric Utilities -January $41,563.20

ODESSA COLLEGEEXPENDITURE VOUCHERS EXCEEDING $10,000

Jan 24, 2020 - Feb 20, 2020

88

Available Funds

FY19-20 Allocated frunds from Budget 1,300,000.00$ Board Designated 25% from FY19 Audit 356,642.00$ Foundation Donations Received 1,000,000.00$

2,656,642.00$

Expensed Funds

Admin Fees 12,447.50$ Terrace Appartments 635,208.79$ Health Science Building 16,905.00$

664,561.29$

CK DATE PAYEE DESCRIPTION CURRENT Transfers TOTAL

Admin Fees

Previous Expenditures 12,447.50$

- Total Expenditures to Date 12,447.50$

Terrace Appartments


12/31/2019 Ector County Appraisal District Property Taxes Associated with property purchase 18,149.79

02/07/2020 Vanco Insulation Abatement Inc Pay App 2 Demolition and Abatement 83,918.00 102,067.79

Total Expenditures to Date 635,208.79$

Health Science Building


01/31/2020 JSA Architects Admin and Planning 7,572.50 7,572.50 Total Expenditures to Date 16,905.00$

VISION 2030 SUMMARY TO DATEThrough 2/20/20

VISION 2030 CONSTRUCTION EXPENDITURESJanuary 24 - February 20, 2020

89

(local) policy comparison packet

Documents