Midland College PD • Annual Activity

Emergency: 911          MCPD: (432) 685-4734

The mission of the Midland College Police Department is to maintain a safe environment for students, staff, and visitors.  It is our goal to assist you in any way possible. Your safety is of great importance to us.  In keeping with this mission we provide many services to the public.


 

Midland College Police Department Annual Security Report

 

The   mission of the Midland College Police Department is to maintain a safe   environment for students, staff, and visitors.  It is our goal to assist   you in any way possible.  Your safety is of great importance to   us.  In keeping with this mission we provide many services to the   public.

Calendar Years 2012-2014 

Beginning with calendar year 1999, the Annual Security Report of Colleges and Universities was modified from prior reports in order to comply with revisions mandated by Congress. The revisions, known as the Clery Act, require colleges and universities to provide much more information than was previously called for in annual reports. Some of the information enclosed in this report is also found in the Midland College Catalog.

 ABOUT THE MIDLAND COLLEGE POLICE DEPARTMENT

The Midland College Police Department operates 24 hours a day, 365 days a year. MCPD authorized strength is 15 total personnel: 6 sworn police officers, 7 public safety officers (PSO),  2 administrative personnel.  The Department’s police officers are peace as defined  under Article 2.12 of the Texas Code of Criminal Procedure and are fully empowered by the State as peace officers  The Department’s police officers are armed and have the same authority to detain and arrest as municipal police officers. PSO’s are not armed and do not make arrests, but have the authority to issue citations.

The primary jurisdiction of peace officers commissioned by the Midland College Police Department includes all counties in which property is owned, leased, rented, or otherwise under the control of Midland College. Texas Education Code Section 51.203 Campus Peace Officers – (a) The governing boards of each state institution of higher education and public technical institute may employ and commission peace officers for the purpose of carrying out the provisions of this subchapter. The primary jurisdiction of a peace officer commissioned under this section includes all counties in which property is owned, leased, rented, or otherwise under the control of the institution of higher education or public technical institute that employees the peace officer. (b) Within a peace officer’s primary jurisdiction. (c) Outside a peace officer’s primary jurisdiction a peace officer commissioned under this section is vested with all powers, privileges, and immunities of peace officers and may arrest any person who violates any law of the state.

 TRAINING

 Police officers at MCPD have completed a police academy licensed by The Texas Commission on Law Enforcement Officer Standards  and been licensed by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE). In addition to the Academy, officers receive 15 weeks of field training and a minimum of 40 hours of in-service training every two years, as required by law.

 Crime Reporting Procedure

All, criminal activity, accidents and incidents requiring police investigation should be reported immediately to the College Police Department by telephoning the Department at (432)685-4734.  The College Police Department is located in the Scharbauer Student Center, Room 136. MC police officers can be contacted by telephone 24 hours a day 7 days a week. Residents in need of assistance should call their housing supervisor, who will in turn contact the proper authority. Upon investigation of an incident, accident, or crime on campus, a written report will be prepared and filed at the College Police Department. Copies of reports may be available to the proper individuals who need the information in the reports. In addition, a daily activity log is maintained at the College Police Department office for review by anyone.

 Emergency Notification

If a serious crime, natural disaster, or a man-made emergency occurs that poses an immediate threat to the health and safety of the Midland College community or a segment of the MC community, MC has various systems in place for communicating information quickly. This system includes an Emergency Notification Network to alert students, faculty, staff, and visitors of any incidents if they occur and to provide instructions on what actions to take in an emergency. Some or all of these methods of communication may be activated in the event of an immediate threat to the MC campus. These methods of communication include:

 • Midland College home page: MC will post emergency messages online at http://www.midland.edu when a need arises.

 • Building Annunciation System: A majority of campus buildings are wired with the capability to activate announcements by MCPD.

 • External Media Advisories: Campus closing and emergency notifications are provided to external media, including television and radio stations and online news sites, to quickly spread essential information.

 • MC Emergency Alert emergency notification system: Emergency messages may be sent in the event of a life-threatening emergency via text message, email, and telephone. Students and employees are expected to periodically update their online records to ensure timely delivery of emergency messages.

 • Outdoor Public Address System. This system is activated by MC Police in the event of a life-threatening emergency. The system consists of a combination of chimes and live or prerecorded announcements. Speakers are strategically placed throughout the campus to facilitate communication through the PA system.

 • College emails: Important items of information are communicated to the MC community by special  messages sent to campus email addresses.

 All members of the MC community are encouraged to notify the MCPD of any situation or incident on campus that involves a significant emergency or dangerous situation that may involve an immediate or on-going threat to the health and safety of students and/or employees on campus. The types of incidents that may cause an immediate threat to the MC community could include but are not limited to emergencies such as: an active shooter on campus, hostage/barricade situation, a riot, suspicious package with confirmation of a device, a tornado, a fire/explosion, suspicious death, structural damage to a MC owned or controlled facility, biological threat (anthrax, etc), significant flooding, a gas leak, hazardous materials spill, etc.

 MCPD has the responsibility of responding to, and summoning the necessary resources, to mitigate, investigate, and document any situation that may cause a significant emergency or dangerous situation. In addition, the MCPD has a responsibility to respond to such incidents to determine if the situation does in fact, pose a threat to the community. If that is the case, Federal Law requires that the institution immediately notify the campus community or the appropriate segments of the community that may be affected by the situation.

 SERVICES AND ASSISTANCE

 The MCPD provides these services as a courtesy:

 Escorts: Personal safety escorts are available upon request, call MCPD at (432) 685-4734.

Vehicle Jump Starts: MCPD will assist motorists on the campus needing a jump start.

Crash Reports: Motor vehicle crash reports are available at the MCPD during normal office hours. To obtain a crash report, the following information is necessary: a) report number of the crash; and b) name of the driver involved.

Crime Prevention Speakers: Crime prevention speaker can be arranged for any campus-affiliated group upon request (432) 685-4734.  The speaker can cover crime prevention related subjects including, but not limited to, items listed under crime prevention in this brochure.

 Operation Identification: A program designed to help protect property from theft by engraving the property with a driver’s license number. MCPD  has an engraving tool that residents may check out. 

Lost and Found: “Lost and Found” is located in the MCPD, (432) 685-4734; hours are 8 a.m. to 5 p.m. weekdays.

All unclaimed items are kept for 90 days and then disposed per State of Texas law in Code of Criminal Procedure, Article 18.17 (Disposition of Abandoned or Unclaimed Property)

Food and drink containers are usually discarded

Data sensitive materials are destroyed if unclaimed

 INFORMATIONAL PROGRAMS

The Midland College Student Government Association and Residence Life periodically schedule educational programs to promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses. Program attendance is voluntary. All Midland College full and part time staff and faculty who receive reports of sex offenses from students or other employees must file a report with the Campus Police and notify the Vice President of Student Services. The victim should be encouraged to seek medical assistance including the completion of a medical rape kit. A mental health professional may also be contacted by the Campus Police or the Vice President of Student Services or his designee. All students will be encouraged to contact the Midland College Police Department or the Midland Police Department. Midland College personnel will assist the student with notifying the necessary authorities. Victims of sexual offenses and Midland College residents will be given information concerning counseling, mental health, and other resources available for victims of sex offenses. Victims of alleged sex offenses will be notified by the Vice President of Student Services or his or her designee of the options for changing a victim’s academic and/or living situation as requested by the victim and as is reasonably available. In cases of sexual offenses, the Midland College Due Process procedure will be followed. These procedures are located in the Student Handbook. Both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense. Compliance with this paragraph does not constitute a violation of the Family Educational Rights and Privacy Act (20 U.S.C. 1232g). For the purpose of this paragraph, the outcome of a disciplinary proceeding means only the institution..’s

final determination with respect to the alleged sex offense and any sanction that is imposed against the

DISSEMINATING INFORMATION ON CAMPUS CRIME (DAILY CRIME LOG)

 The MCPD is dedicated to keeping the MC Community informed about criminal activity occurring on campus. A daily summary of reported crimes is published on the MCPD’s web page, Daily Crime & Activity Log. The Daily Crime & Activity Log is also available for review at the MCPD located at in the Scharbauer Student Center room 136, from 8 a.m.-5 p.m. Monday through Friday, excluding holidays. Information in the crime log typically includes the type of call, date reported, date and time incident occurred, case number, general location, description of the call, and disposition of each crime.

 TIMELY WARNINGS

The MCPD will develop timely warning notices for the College Community to notify members of the community about serious crimes against people that occur on campus when it is determined that the incident may pose a continuing threat to members of the MC community. These warnings will be distributed if an incident is reported either to the MCPD directly or indirectly through a local police agency.

The department issues/posts Crime Alerts for the following incidents:

• Criminal Homicide

• Aggravated assault (cases involving assaults among known parties, such as two roommates fighting which results in an aggravated injury, will be evaluated on a case by case basis to determine if the individual is believed to be an on-going threat to the larger MC community)

• Robbery involving force or violence (cases including pick pocketing and purse snatching will typically not result in the issuance of a Crime Alert, but will be assessed on a case by case basis)

• Sexual Assault (considered on a case by case basis depending on the facts of the case, when and where the incident occurred, and the amount information known by the MCPD)

• Other crimes as determined necessary by the Chief of Police or designee

 A timely warning notice will typically include the following, unless issuing any of this information would risk compromising law enforcement efforts:

• Date and time or timeframe of the incident

• A brief description of the incident

• Information that will promote safety and potentially aid in the prevention of similar crimes (crime prevention or safety tips)

• Suspect description(s) when deemed appropriate and if there is sufficient detail

• MCPD contact information

• Other information as deemed appropriate by the Chief of Police or designee

 MCPD will draft an email containing the proposed Crime Alert and forward it to Media Relations for review. Media Relations will revise the text as needed, and then transmit the email containing the Crime Alert to the College Community as a blast email. Updates to the MC community about any particular case resulting in a crime alert also may be distributed electronically via blast email or posted on the MC Web site.

Crime Alerts may also be posted in campus buildings, when deemed necessary. When a Crime Alert is posted in campus buildings, it shall be posted in the lobby/entrance for seven (7) days.

 The department does not issue Crime Alerts for the above listed crimes if:

1. The MCPD apprehends the subject(s) and the threat of imminent danger for members of the MC community have been mitigated by the apprehension.

2. If a report was not filed with the MCPD or if the MCPD was not notified of a crime in a manner that would allow the department to post a “timely” warning for the community. This type of situation will be evaluated on a case by case basis to determine if the MCPD will post a Crime Alert to the community.

 The MCPD also maintains a daily crime log which is normally updated each business day and contains all crimes reported to the MCPD. The information is posted on the MC website.

 The MCPD encourages the accurate and prompt reporting of all criminal offenses. In case of emergency call (432) 685-4734 or 911.

To report a criminal incident on campus, call (432) 685-4734. The Midland College Police Department is accessible 24 hours a day to answer your call. In response to a call, the department will take the information, send an officer, and if necessary, contact the emergency personnel from other agencies such as the fire department or ambulance service. If necessary, the officer will complete a police report after the necessary action has been taken. Officers are dispatched on a priority basis according to the seriousness of the calls received. Calls of an emergency nature are dispatched immediately. A person reporting a non-emergency incident may expect to experience a short delay.

Crime Definitions:

Murder – Non-negligent Manslaughter

The killing of another person intentionally and with premeditation.

 Negligent Manslaughter The killing of one human being by another through gross negligence.

 Robbery
The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

 Aggravated Assault
An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

 Burglary
The unlawful entry of a structure to commit a felony or a theft.  For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

 Motor Vehicle Theft
The theft or attempted theft of a motor vehicle.  (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access; even though the vehicles are later abandoned including joyriding.)

 Weapon Law Violations:
The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

 Drug Abuse Violations:
These are violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.  The relevant substances include opium or cocaine and their derivatives (morphine, heroin, and codeine); marijuana; synthetic narcotics (Demerol, Methadone), and dangerous non-narcotic drugs (GHB, Rohypnol, and Ecstasy).

 Liquor Law Violations
The violation of laws or ordinances prohibiting: manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; driving under the influence as a minor; maintaining unlawful drinking places; bootlegging; operating an illegal still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Public Intoxication and Driving While Intoxicated are Penal Code violations and are not included in this definition.) 

Arson

 Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

 Sex Offenses Definitions / Domestic Violence Definitions  

Sex Offenses-Forcible

Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent.

A. Forcible Rape-The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

B. Forcible Sodomy-Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. Sexual Assault With An Object-The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will; where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

D. Forcible Fondling-The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Sex Offenses-Non-forcible
Unlawful, non-forcible sexual intercourse
.

A. Incest-Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

B. Statutory Rape-Non-forcible sexual intercourse with a person who is under the statutory age of consent.

 Family Violence” (domestic violence) to mean an act, other than a defensive measure to protect oneself, by a member of a family against another member of the family that is intended to result in physical harm, bodily injury, or sexual assault or that is a threat that reasonably places the family member in fear of imminent physical harm, bodily injury, or sexual assault.

 "Dating Violence" is defined in Texas as an act, other than a defensive measure to protect oneself, that is committed against a victim with whom the actor has or has had a dating relationship; or because of the victim's dating relationship with an individual with whom the actor is or has been in a dating relationship. The act is intended to result in physical harm, bodily injury, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, or sexual assault. A "Dating Relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature which is determined based on consideration of the length, nature, frequency and type of interaction between the persons involved in the relationship. (Texas Family Code71.0021)

 “Sexual Assault” as an offense if committed by a person that intentionally or knowingly causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; or causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or causes the sexual organ of another person, without that person's consent, to contactor penetrate the mouth, anus, or sexual organ of another person, including the actor. (Texas Penal Code Sec. 22.011)

 “Without Consent” in regards to sexual assault is defined in Texas Penal Code as: 

  • the actor compels the other person to submit by the use of violence;
  •  the actor compels the other person to submit by threatening to use violence against the victim or against any other person;
  • the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
  •  the actor knows that as a result of mental disease the other person is at the time of the sexual assault incapable of appraising the nature of the act;
  •  the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
  • the actor has intentionally impaired the other person's any substance without the victim's knowledge. (Texas Penal Code Sec. 22.011)

 “Stalking” when a person commits an offense on more than one occasion and pursuant to the same course of conduct directed specifically at another person, knowingly engages in conduct that:

  • the actor knows or reasonably believes the victim will regard as threatening bodily injury or death for the other person; bodily injury or death for a member of the other person's family or for an individual with whom the other person has a dating relationship; or that an offense will be committed against the other person's property;
  • causes the other person, a member of the other person's family, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or fear that an offense will be committed against the other person's property.

 SEXUAL OFFENSES

Sexual assault and aggravated sexual assault are serious felony crimes, and Midland College considers it imperative to provide sexual assault awareness programs, such as the Rape Aggression Defense Program, aimed at the prevention of such crimes.

Sexual offenses include, but are not limited to, some form of forced or non-consensual intercourse, indecent exposure, or indecency with a child, fondling, and range from Class C misdemeanors to second degree felonies. The victims of these crimes should report the crime to the MCPD immediately.

Sex Offenses Definitions from the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program

Sex Offenses-Forcible


Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent.

A. Forcible Rape-The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

B. Forcible Sodomy-Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the persons will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

C. Sexual Assault With An Object-The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will; where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

D. Forcible Fondling-The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Sex Offenses-Non-forcible
Unlawful, non-forcible sexual intercourse
.

A. Incest-Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

B. Statutory Rape-Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Sexual Assault Policy

Midland College is a community of trust whose very existence depends on adherence to standards of conduct.  Student conduct that violates these standards is handled through the Vice President of Student Services. Cases of alleged student misconduct involving serious physical or psychological harm are referred to the Vice President of Student Services. This includes cases involving sexual misconduct and/or sexual assault or attempted sexual assault.

 WHAT CONSTITUTES SEXUAL ASSAULT?

Texas Penal Code § 22.011 states:

A person commits an offense if the person:

(1)     intentionally or knowingly:

(A)      causes the penetration of the anus or sexual organ of another person by any means without that person’s consent;

(B)      causes the penetration of the mouth or another person by the sexual organ of the actor, without hat person’s consent; or

(C)      causes the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or

(2)     intentionally or knowingly:

(A)      causes the penetration of the anus or sexual organ of a child by any means;

(B)      causes the penetration of the mouth or a child by the sexual organ of the actor;

(C)      causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;

(D)      causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

(E)       causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

(b)       A sexual assault under Subsection (a) (1) is without the consent of the other person if:

(1)     the actor compels the other person to submit or participate by the use of physical force or violence;

(2)     the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;

(3)     the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;

(4)     the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it

(5)     the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;

(6)     the actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other person’s knowledge;

(7)     the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;

(8)     the actor is a public servant who coerces the other person to submit or participate;

(9)     the actor is a mental health services provider

(10) the actor is a clergyman

(11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2 Family Cod

WHAT TO DO IF YOU HAVE BEEN SEXUALLY ASSAULTED

Students, faculty, and staff are strongly encouraged to report sexual assaults to Midland College Police Department, whether the assault occurs on or off campus, no matter who the alleged assailant is. Students may report sexual assaults to Midland College Police Department, Vice President of Student Services, or any other campus security authority. Reporting a sexual assault to College officials or filing a police report does not automatically initiate criminal charges.

 If the assault occurs off campus, the Midland College Police Department will assist a victim with notifying the appropriate law enforcement agency having jurisdiction where the crime occurred.

 It is important for persons who have been sexually assaulted to seek medical attention. A representative from the RapeCrisis   Center is available to accompany students who have been sexually assaulted to the hospital and for counseling, if desired. A medical examination called a "Rape Kit Exam," conducted by an area hospital, will help preserve important evidence of the sexual assault if the person who has been sexually assaulted decides later to prosecute. It is important for persons who have been sexually assaulted to contact the police who will arrange for immediate medical attention and will initiate an investigation.

 The Midland College Police Department will investigate all sexual assault complaints with sensitivity, compassion, patience and respect for the victim.  Investigations are conducted in accordance with guidelines established by state laws and the Midland County District Attorney's Office. 

 In accordance with the Texas Code of Criminal Procedure Art. 57, victims may use a pseudonym to protect their identity.  A pseudonym is a set of initials or a fictitious name chosen by the victim to be used in all public files and records concerning the sexual assault.  Victims of sexual assault are not required to file criminal charges; however, preferring charges is encouraged.

 Students may report sexual assaults to Midland College Police Department, Vice President of Student Services, or any other campus security authority. Reporting a sexual assault to anyone other than police will delay criminal investigation and possibly hinder criminal prosecution.

 Remember-If you have been sexually assaulted:

  1. Call 911 or 432-685-4734  
  2. DO NOT shower, bathe, or douche.
  3. Have a trusted friend take you to Midland Memorial Hospital. It is the only hospital in Midland County that performs rape kit examinations.  Take the clothes in which you were assaulted with you to the hospital. If  reported to the Midland College Police Department, clothing and other items will be provided to you at the hospital.
  4. Obtain counseling services through the Midland College Counseling Center at 432-685-4729.
  5. Remember it is not your fault. You will recover.

 HOW TO FILE A SEXUAL ASSAULT COMPLAINT 
 If the complainant elects not to file criminal charges, but still wishes to proceed with formal administrative charges, an investigation is conducted, and the case is referred to the College disciplinary system.  Students may contact the Vice President of Student Services to file the complaint at 685-4503.  Procedures for discipline and dismissal of staff and faculty are outlined in the Midland College Manuals or Policies.

 Those students who have been a victim of a sexual assault also have the option of being moved from their on-campus living arrangements, or their class schedule altered in order to protect their emotional health or physical safety. 

 As listed in the College Handbook, if the complainant elects not to file criminal charges, but wishes a hearing to be held by the College disciplinary system, the complainant, notwithstanding the rights of the accused student, under this policy is entitled to the following rights:

 

  • The right to be present during the entire hearing, notwithstanding the fact that the complainant is to be called as a witness.  (The accused student has the same right.)
  • The right to have a support person present during the entire hearing. This person is not entitled to represent the complainant or to assist him/her with his /her testimony. If the support person is to act as a witness, the hearing officer may require him/her to testify prior to the complainant.
  • The right not to have evidence of his/her past sexual history with third parties admitted as evidence.
  • The right to have the hearing closed to spectators unless both the accused and the complainant consent in writing to having the hearing open to the public.
  • The right to know the outcome of the hearing as defined by the Federal Family Educational Rights and Privacy Act.

 During the hearing, the accused student, faculty, or staff member also has the right to have others present during the hearing to act as a support person.   The accused party is also entitled to be notified of the outcome of the hearing to the extent permitted by federal Family Educational Rights and Privacy Act.  In addition, the accused has the right to appeal the decision of the Midland College disciplinary system. Students found responsible for sexual misconduct or sexual assault face sanctions imposed by the Vice President of Student Services, from reprimand to expulsion.

 Filing formal charges through the College disciplinary system does not preclude filing criminal and/or civil charges. Students who wish to file criminal and/or civil charges may receive information and assistance from the Vice President of Student Services and Midland College Police Department. 

 NON-REPORTED SEXUAL ASSAULT EVIDENCE PROGRAM

 The Non-Reported Sexual Assault Evidence Program was created in House Bill 2626 by the 81st Texas Legislature and went into effect June 21, 2009.  The program allows survivors of a sexual assault to obtain a forensic medical exam and have evidence collected, without cost to the victim, even if they do not wish to involve law enforcement personnel at the time of its collection.  This will secure the evidence while giving the victim time to consider if they want to report the assault to law enforcement officials.  Victims may contact the Midland College Police Department or the Midland College Counseling Center.

 VICTIMS OF SEXUAL ASSAULT

A victim of sexual assault that has occurred on campus should notify the MCPD immediately. Other campus personnel such as residence hall personnel or counselors may assist in reporting the sexual assault to the MCPD. If the assault occurred outside of the MC campus, the local police department where the assault occurred should be called. Campus officials will assist the victim with contacting local law enforcement if requested.

The victim should not bathe, douche, or change clothes after the assault in order to preserve evidence necessary for the proof of criminal sexual assault. The victim will need to go to a hospital emergency room for a sexual assault examination once the police have been notified. A friend of the victim may take him/her to the hospital or a police officer can provide transportation. The police officer will need to obtain a statement describing the details of the assault.

The sexual assault victim has an option to choose a pseudonym (fictitious name) and address to maintain confidentiality. The pseudonym will be assigned at the victim’s request. A victim of sexual assault who lives on campus may request to change his/her living and academic situation. All efforts to carry out these requests will be made by Midland College if such changes are reasonably available.

 MISSING STUDENT

If a member of the MC community has reason to believe that a student who resides in on-campus housing is missing, he/she should immediately notify MCPD at 432-685-4734. MCPD will generate a missing person report and initiate an investigation.

After investigating the missing person report, should MCPD determine that the student is missing and has been missing for more than 24 hours, MCPD will notify the Midland Police Department and the student’s emergency contact no later than 24 hours after the student is determined to be missing. If the missing student is under the age of 18 and is not emancipated, MC will notify the student’s parent or legal guardian immediately after MCPD has determined that the student has been missing for more than 24 hours.

 Sex Offenders

Pursuant to the “Campus Sex Crimes Prevention Act of 2000”, all states that register sex offenders are required to develop procedures to obtain from the sex offenders information regarding institutions of higher education in that state where the person is employed, carries on vocation, or is a student. The registration information is to be made available to law enforcement agencies with jurisdiction where the institutions of higher education are located beginning October 2002. In Texas, information regarding registered sex offenders may be obtained at Texas Department of Public Safety (https://records.txdps.state.tx.us/DPS_WEB/SorNew/index.aspx) or by contacting the police department where the sex offender is registered.

 Hazing

 State of Texas (Texas Education Code, Section 37.151-37.157 and Section 51.936) Violators can be prosecuted to the full extent of the law. Penalties may include imprisonment, fines, and community service.

If the Dean of Students determines that an incident of hazing has occurred, penalties may be imposed upon both the individual(s) and the organization(s) involved.

Becoming more aware of what constitutes hazing and informing students of the risks and dangers of hazing are steps that will help eliminate hazing. All members of the MC community share the responsibility to make known to the Dean of Students’ Office and/or local law enforcement agency acts of apparent hazing. Individuals who participate in acts of hazing as perpetrators or victims are personally accountable.

Alleged violations of hazing should be reported to the MCPD or the appropriate law enforcement agency and the Dean of Students’ Office.

 Drug Free Schools and Campuses Act

The Drug-Free Schools and Communities Act Amendments of 1989, Public Law 101-226, is intended to combat substance abuse on college campuses through methods of punishment, rehabilitation, and prevention. This Act requires that colleges certify that annual alcohol and drug information is distributed to each employee and student. This information must include the consequences of unlawful drug or alcohol possession, as well as information about available drug and alcohol counseling.

At a minimum, in complying with the Drug-Free Schools and Communities Act Amendment of 1989, the MCPD “Annual Campus Fire & Safety Report (Clery Report)” includes the standards of conduct that clearly prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol on MC premises or as part of any MC sponsored activities.

 DRUGS AND ALCOHOL

 Possession, use, or sale of illegal drugs (as defined by the Texas Penal Code) on campus is a violation of state law and violators will be prosecuted. State laws relating to alcoholic beverages, as defined by the Texas Alcoholic Beverage Code, will be strictly enforced. Possession and/or use of alcoholic beverages on campus are prohibited.

 CRIME PREVENTION AND SECURITY AWARENESS PROGRAMS

 MCPD places a high priority on crime prevention. While it is impossible to prevent all crimes, MCPD believes that persons can be made aware of ways to reduce their chances of becoming victims. MCPD provides a wide range of services and educational programs designed to promote campus security and that aid in anticipating and minimizing potential dangers to the population and property of the College.

Anyone desiring information on crime prevention programs or related literature may contact the Midland College Police Department at 432-685-4734. Programs and information available from the department include, but are not limited to: new student orientation; new employee orientation; campus safety; personal safety; Operation Identification; ; property and home protection;  R.A.D. (Rape Aggression Defense) self defense class for women; sexual assault awareness/prevention; security surveys for residences and departments on campus; and theft prevention.

These and other programs are available upon request and are presented throughout the year to groups on campus. Additionally

Safety Tips

 Driving:

Never pick up hitchhikers.

Do not get close to a vehicle if you are

walking.

Have your keys out and ready.

Make an inspection of the exterior and

interior before you enter your vehicle.

Once inside, lock all doors and windows.

Park in well-lighted areas. Do not park

where suspicious persons are loitering.

Trust and follow your instincts.

 Off Campus:

Keep doors and windows locked at all times. All exterior doors should be equipped with deadbolt locks.

If you do not have a peephole, request that one be installed.

Know whom to call in an emergency.

Do not open your door for anyone you do not know. If a person in uniform knocks and you did not call for assistance, contact the person’s place of employment to verify the reason for the visit.

Use outside lighting and keep shrubbery trimmed around windows and doors.

 On Campus:

 Never leave your personal property unsecured or unattended.

Look around and be aware of your surroundings when you enter and exit a building.

Always tell someone where you are going and what time you expect to return.

Be aware of your surroundings and think about how you would defend yourself. Develop a “game plan” for prevention.

Avoid walking alone, particularly after dark. If walking alone is unavoidable, be aware of your surroundings.

Walk with confidence and determination, holding your head up. Look behind and around you frequently.

Avoid shortcuts. The shortest route is not always the safest route.

Dress for mobility, particularly after dark.

Carry your personal belongings in a backpack or similar container that will enable your arms and hands to be free at all times.

Never allow someone to predict your route of travel. Whether you are driving, biking, walking or jogging, frequently alter your route between campus and your residence.

On Dates:

Know your sexual limits and communicate them clearly and firmly.

Do not allow your body language to send a different message than what you are verbally communicating.

Avoid the use of mind-altering drugs (including alcohol).

Listen to and respond to your instincts. They are usually correct.

Never accept a ride from someone you do not know well.

Report any obscene, annoying, or threatening telephone calls to the MCPD.

 Residence Halls :

Never prop your door open, even if you will be gone for only a few minutes.

Always lock doors, screens, and windows to prevent uninvited access to your residence.

Do not go inside your residence if you return and find that the door is ajar. Immediately notify the police.

Do not give anyone a key to your room. If you lose your room key, report it immediately to your Residence Advisor .

Do not leave valuables in plain sight. Register, engrave, mark, and/or

photograph all your valuables, including bicycles, stereos, jewelry, vehicles, computers, etc.

Never let strangers or acquaintances into your residence hall or apartment. This puts you and others at risk.

Never allow anyone to follow behind you when going into the residence hall.

Know your neighbors. Be aware of suspicious persons and activities. If you observe someone or something suspicious, notify the residence hall staff and the MCPD.

 See Something….Say Something

 ANNUAL STATISTICAL REPORT

Every year, during the Spring Semester, the Campus Police Department will gather data from Student Services as well as from the Midland Police Department and its own records in preparation for publishing the annual statistical report. The Vice Presidents of Student Services and Administration will review the material prior to publication in order to ascertain that all relevant data is included. Once the data has been approved, the statistics will be prepared and distributed as Appendix 1 to the Annual Report required by the Clery Act. The statistical report will include non-arrest incidents resulting in referrals for campus disciplinary action for Liquor Law Violations, Drug Law Violations, and Illegal Weapons Possession.

CRIME STATISTICS

 

 • Appendix A - MC Main Campus

 • Appendix B - Bill Pace Cogdell Learning Center

 • Appendix C - MC Advanced Technology Center 

 • Appendix D - Williams Regional Technical Training Center


mcpdpatchThe mission of the Midland College Police Department is to maintain a safe environment for students, staff, and visitors.

Room 136, Scharbauer Student Center
MC Main Campus, 3600 North Garfield 
Midland, TX 79705
Phone: 432-685-4734 or (Emergency 432-685-4911)
Fax: 432-685-6836