Midland College PD • Annual Activity

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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.

Midland College Police Department 

2015 Annual Security Report – Midland College Main Campus

 Reporting Years 2013, 2014, and 2015

 Introduction

 Midland College is concerned about the safety and welfare of all campus members and guests and commits itself to promoting a safe and secure environment.  Because no campus can totally isolate itself from crime, Midland College has developed a series of policies and procedures designed to ensure that every possible precaution is taken to protect the campus community.

 The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

Pursuant to 20 United States Code section 1092(f), the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act," and the Code of Federal Regulations (CFR) requires that each institution of higher education in the United States which participates in federal student aid programs must produce and distribute an annual report containing crime statistics and statements of security policy. Failure to provide required information or the inclusion of inaccurate information may result in fines up to $27,500 per violation imposed by the U.S. Department of Education (DOE). 

The Campus Security Act – Legal Requirements 

  • Publish an annual report every year by October 1st that contains three (3) years’ worth of crime statistics and certain security policy statements, including sexual assault policies.
  • Make a good faith effort to disclose crime statistics for the campus, unobstructed public areas immediately adjacent to or running through the campus, and certain non-campus facilities including:  remote classrooms.  The statistics must be gathered from campus police or security, local law enforcement, and other College officials who have “significant responsibility for students and campus activities”.
  • Provide “timely warning” notices of those crimes that have occurred and pose an “ongoing threat to students and employees”.
  • Disclose in a public crime log any crime that occurred on campus or within the patrol jurisdiction of the campus police or the campus security department and is reported to the campus police or security department.” 

This publication, in keeping with the requirements of the Clery Act, is designed to aid in the cooperative effort of providing the public with specific information on campus security, crime statistics for the most recent three-year period, alcohol and drug use, crime prevention, police operations and authority, policies relating to reporting crime and campus disciplinary procedures. 

Each year, a bulk e-mail notification is made to all employees and enrolled students regarding the availability of the Annual Security Report.  A printed copy of this report may be obtained by writing the Midland College Police Department, 3600 N. Garfield, Scharbauer Student Center #136, Midland, Texas 79705 or by coming in person to the Midland College Police Department located in the Scharbauer Student Center #136, during normal business hours Monday - Friday.  This report is also published on the Midland College Police Department web page. 

CAMPUS SECURITY 

Facilities Security 

Most campus buildings and facilities are accessible to members of the campus community and their guests and visitors during normal business hours, Monday through Friday, and for limited hours on the weekend (this excludes most holidays).  Students have access to the buildings during all scheduled class sessions including laboratory, library study and research periods.

After normal business hours, including weekends and holidays, all campus buildings are considered closed and secured.  Persons needing entry must contact the Midland College Police Department.

Lights can be left on in hallways on any floor when it is known that students will be required to use the area after hours.

Exterior building doors on campus are equipped with electronic locks.  A member of the Midland College Police Department responds to check doors daily.  

Visitors to student housing must be accompanied by the resident being visited, contact the front desk, sign in, and present identification.  Visitors to campus are welcome, but are expected to adhere to all campus regulations and policies.  The College reserves the right to restrict the access of any person who does not adhere to College policies and procedures.  ANY person may be required, upon request by the Police Department, to present identification while on campus. 

Employees and students are required to have their Midland College ID card in their possession at all times and to present it upon request by any College Official. 

Security cameras are positioned at several locations around campus including the entrances and exits of parking areas and some buildings, some public plazas, some parking lots, certain areas of student housing, and the library. These cameras are monitored at all times. They are equipped to digitally record activity within the field of view.  Presence of security cameras should not preclude individuals from practicing good, common sense crime prevention practices and exercising caution. 

Maintenance 

College facilities, lighting, and landscaping are maintained so as to reduce hazardous conditions.  Officers also routinely report the need for replacement lights and any other physical hazard they note.  Malfunctioning lights and other unsafe conditions are reported to Maintenance for repair or correction on a daily basis.   Any student, faculty, staff, or visitor who sees a possibly unsafe condition is encouraged to notify Midland College Police Department or Maintenance for further attention to the problem. 

Crime Prevention and Education Programs 

The Midland College Police Department conducts crime prevention and information sessions at each scheduled student orientation meeting. Prospective students and parents are encouraged to ask questions of a safety and security nature.  They are presented with the information on how to obtain a copy of the Annual Security Report.  Upon invitation, the department provides crime prevention programming to any student organizations and faculty/staff gatherings.  Officers are encouraged to make unscheduled "crime prevention contacts" with students and employees of Midland College as they patrol the campus.

Crime prevention is a tool utilized to encourage students, faculty and staff to be aware of ways to reduce their chances of becoming victims of crime.  Crime prevention brochures and other printed materials are presented during each registration period, and kept at the Information Window all year long.  While it is impossible to prevent all crime, awareness is the key to preventing the opportunity for crimes to be committed.  The Midland College Police Department offers the following crime prevention programs and services free of charge:

Facilities surveys:

An ongoing program known as “directed patrol” and “park and walks” are made at irregular intervals during each shift.  A “directed patrol” is a walk through all buildings where officers or guards look for, or are alerted to suspicious activities.  A “park and walk” involves guards and officers parking their patrol vehicle and conducting foot patrols of selected areas of the campus.  All these types of patrols are documented in the Copsync program.

Security Escort Program:

There are times when people feel the need for a little extra security.  This could be due to a personal issue or other security concern.  The Midland College Police Department will provide security escorts to all locations on campus 24 hours a day.  Police Officers and Guards provide this service.   

Authority and Jurisdiction of Midland College Police Law Enforcement Authority  

Midland College police officers are State Police Officers licensed by the TCOLE.  These officers are sworn law enforcement officers commissioned under the provisions of the Texas Education Code § 51.203 or the Texas Code of Criminal Procedures, Article 2.12, and are vested with all of the powers, privileges, and immunities of peace officers while on the property under the control and jurisdiction of Midland College or otherwise in the performance of their assigned duties. 

In addition to police officers, Midland College Police Department employs uniformed security guards who provide parking enforcement, facility security and support for special event operations. Security guards do not have arrest authority, except as provided for citizens as outlined in the Texas Penal Code. 

The Midland College Police Department has the responsibility and duty to enforce all local, state, and federal laws. Midland College Police Officers carry firearms, may arrest violators and refer them to the judicial system for prosecution. Criminal violations are processed through the Midland County District Attorney’s Office or federal criminal justice system.  Officers may also issue citations for the City of Midland Municipal Court and the Midland County Justice of the Peace, Precinct 4. The Police authority extends beyond the local area to any Texas county in which the Midland College owns property or operates / holds classes, such as remote classrooms.  

Municipal Law Enforcement Jurisdiction  

Midland College lays within the city limits of Midland, Texas, a community of approximately 110,000 people occupying 35.04 square miles.  The City of Midland has developed around the Midland College campus since the campus was initially built. The City of Midland Police Department (MPD) employs 200 licensed and sworn police officers and has concurrent jurisdiction on the campus.  Midland police officers regularly patrol the campus.   Through interagency agreements, the City of Midland Police Department, Midland County Sheriff’s Department, and the Texas Department of Public Safety will also provide assistance if requested by MC Police Department.  The Midland College Police Department also has the same working relationship with UTPB authorities and public safety personnel at its Odessa Campus (See the UTPB – Midland Campus Security Report).  

Reporting Crime 

Procedures for Reporting Crimes and Other Emergencies 

All Midland College community members and guests of the College are encouraged to report suspected criminal activity to the police as soon as possible. Fires, health emergencies, crimes and violations of College policies and procedures should be reported to the Midland College Police Department either in person at Scharbauer Student Center, Room 136, or by telephone by dialing 685-4734.   There is an also emergency phone installed in the elevators. 

Community members are encouraged to report all crimes, to include off campus incidents.  Midland College Police Department will assist community members in reporting all off campus incidents to the appropriate law enforcement agencies.  Local law enforcement agency phone numbers are listed in the Helpful Phone Numbers section. 

Title IX Compliance 

Certain Clery specific crimes are also considered to be Title IX violations and will be  handled by the college as mandated under both statutory requirements. Title IX of the Educational Amendments Act of 1972 (amending the Higher Education Act of 1965) forbids sexual discrimination, specifically stating that “no person...shall, on the basis of sex, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance”.

The following are examples of types of sex-based discrimination prohibited by Title IX:

1. Sexual harassment, including sexual assault, occurring in a way that impacts the students participation in their educational environment, regardless of the location;

2. Discriminatory decision-making by a supervisor of an employee based on the employee's sex;

3. Failure to provide equitable opportunity for participation in intercollegiate sports; or

4. Disproportionate awards of athletic scholarships.

 

Pursuant to Title IX and its regulations (34 C.F.R. Part 106), Midland College's Title IX Coordinator is the designated college official with primary responsibility for coordinating the college's compliance with Title IX and other federal and state laws and regulations relating to sex-based discrimination. 

Emergency Notification 

Midland College recognizes that certain emergency situations may occur which require “immediate emergency notifications” be made to members of our community. These situations may involve criminal acts such as an active shooter or other incidents such as a hazardous material release, major fire, severe weather posing an imminent threat to our community, infectious disease outbreaks, etc.

as Midland College has developed a multi-hazard Emergency Management Plan that addresses mitigation, preparedness, response, and recovery. The plan is predicated on the template provided to us by the Texas Department of Public Safety, Division of Emergency Management.

A principle tenant of the plan is the use of the National Incident Management System (NIMS), which has been formally adopted by the Midland College Board of Trustees as the foundation for incident command, coordination and support activities for Midland College. It is the policy of Midland College to coordinate training on the National Incident Management System and its core components to personnel responsible for managing and/or supporting major emergency and disaster operations.

Midland College personnel evaluate any imminent threats we become aware of with emergency response expertise including one or more of the following:  

  • Midland College Chief of Police
  • Midland College Police Lieutenant
  • Midland County Emergency Management Coordinator
  • City of Midland Fire Department Incident Commander

Any individual in any one of these positions is authorized and has the duty to without delay issue the appropriate emergency notification(s).

In the event that a threat, notwithstanding an imminent threat, is such that time allows for consultation with others, the responsible authorities should notify and consult with one or more of the following: 

  • Midland College Chief of Police
  • Midland College Police Lieutenant
  • Midland College President   

Reporting Crimes to Other Campus Security Authorities

Who Are Campus Security Authorities?

The Clery Act also mandates that institutions must disclose statistics both for crimes reported to local police agencies and crimes reported to campus security authorities.  Campus security authorities include the following:

  • A member of a campus police department or a campus security department of an institution.
  • Any individual or individuals who have responsibility for campus security, but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property).
  • Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses. 
  • An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, the following areas:
    • Vice President for Student Services
    • Director of Residence Life and Student Housing
    • All Head Coaches and Assistant Coaches for all areas in the Athletic Department.
    • All Associate Athletic Directors
    • An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.

The intent of including non-law enforcement personnel as campus security authorities is to acknowledge that many people, students in particular, are hesitant about reporting crimes to the police, but may be more inclined to report incidents to other campus-affiliated individuals.

Examples of individuals who DO NOT meet the criteria for being campus security authorities include a faculty member who does not have any responsibility for student and campus activity beyond the classroom, clerical staff, custodians and maintenance personnel and cafeteria staff.   A pastoral or professional counselor on campus does not have significant responsibility for student and campus activity and are exempt from reporting crimes to the campus police. A physician in a campus health center or a counselor in a counseling center whose only responsibility is to provide care to students is unlikely to have significant responsibility for student and campus activity. 

All campus officials, counselors, faculty and staff are encouraged to report all crimes even if not required to do so.  The Police Department understands the confidential nature of certain campus officials and will respect the confidentiality of all information obtained for statistical reporting purposes.  Only general information, such as general location, type of crime and date of crime, are needed to report crime statistics.  Complete reporting by all university members will assist in providing a secure campus environment. 

Responsibilities of Campus Security Authorities 

Because of the law’s complex reporting requirements, the most reasonable and effective way to manage the reporting is as follows:  If Campus Security Authorities observe any crime listed below, or if any person reveals to a Campus Security Authority, in good faith, that he/she learned of or were the victim of, perpetrator of, or witness to any crime listed below, the Campus Security Authority must immediately notify the Midland College Police Department.    

Crimes that should be reported are:

                                Murder and non-negligent manslaughter

                                Negligent manslaughter

                                Forcible sex offenses

                                Non-forcible sex offenses

                                Robbery

                                Aggravated assault

                                Burglary

                                Motor vehicle theft

                                Arson

                                All hate crimes involving bodily injury

                                All liquor, drug or weapons law violations resulting in an arrest 

Definitions of these crimes may be found beginning on page 12 of this report. 

Clery Act crimes reported to local municipal police will be included as long as the municipal police agency notifies the Midland College Police and the reported crime occurred in an area for which the institution is responsible.  The College contacts the City of Midland and makes a good faith effort to obtain information on reported Clery Act crimes.  

Reporting Crimes Outside of the Patrol Jurisdiction of Midland College Police Department 

The Midland College Police Department makes a good faith effort to stay informed of all criminal activity involving students at off-campus locations.  Surrounding municipal agencies, state law enforcement agencies and federal agencies do not routinely inform campus police about incidents where their officers contact Midland College students. 

When a Midland College student is involved in an off-campus incident, Midland College Police officers may assist with the investigation in cooperation with local, state or federal law enforcement.  Midland Police Department routinely works and communicates with campus police officers on any serious incidents occurring in the immediate neighborhood and business areas surrounding the campus.  Many students live in the neighborhoods surrounding Midland College.  The Midland Police Department has primary jurisdiction in all areas off campus, and will respond to all incidents in this area.  Midland College Police Officers may assist with major crimes near campus when requested.  Midland College Police Officers have radio communications with the Midland Police Department, Midland Fire Department and EMS Services to facilitate rapid response in any emergency situation. 

Timely Warnings

CRIME ALERT

In order to keep the Midland College community informed about serious crimes and security issues, timely warnings may be issued in the form of a Crime Alert.  Crime Alerts are issued on a case-by-case basis in a manner that will provide notification to the campus community about certain reportable criminal incidents that occur on or very near the campus.  The institution must also believe the criminal incident poses a continuing threat to the community and the alert will aid in the prevention of similar crimes in the future.   The Midland College Chief of Police, or his designee, along with the Vice President of Student Services, will meet with the President of the College and assess the level of the threat to the College community.  The crimes that typically result in a timely warning are referred to herein as "Clery Act Crimes".  These crimes, as defined by 34 CFR 668.46(b) (c), are listed below:

 

Criminal   Homicide

(1)  Murder and Non-Negligent Manslaughter

(2)  Negligent Manslaughter

 

Forcible   Sex Offenses

(1)  Forcible Sexual Assault

(2)  Forcible Sodomy

(3)  Sexual Assault with an Object

(4)  Forcible Fondling

 

Non-Forcible   Sex Offenses

(1)  Incest

(2)  Statutory Rape

 

Robbery

 

Aggravated   Assault

 

Burglary   (this does not include burglary of a motor vehicle)

 

Motor   Vehicle Theft

 

Arson

 

These crimes must have occurred within those areas of the campus that are specifically defined in 34 CFR 668.46(a). These areas are broken down into four categories:

  • On Campus Property
  • Residential Facilities (Definitions for these categories can be viewed at  www.securityoncampus.org )
  • Non-Campus Property
  • Public Property

* Midland College will not necessarily issue timely warnings for every Clery Act criminal incident that is reported since that specific incident may not pose a continuing threat to the community.  Certain Clery Act crimes like motor vehicle theft, for example, occur infrequently on the campus at random locations.  Suspect information is often never provided or determined.  This is also true of the Midland area. Individuals should exercise due care and caution to avoid being victimized.  Check out the crime prevention tips posted by the Midland College Police to deter these crimes.  

CRIME ALERT (Off Campus)

Midland College may post a Crime Alert (Off Campus) for certain Clery Act crimes occurring outside the patrol jurisdiction of the Midland College Police Department, when timely notification is received by the Midland College Police Department and the offense is considered to represent a serious or continuing threat to the students and employees of Midland College due to the nature of the crime, and/or proximity to the campus

Even though this action is not required by law, Midland College strongly believes in supporting the spirit of the Clery Act by informing the community about certain crimes that are reported in the areas immediately surrounding our campus; yet still outside the normal Midland College Police patrol area. 

When are timely warnings issued?

In accordance with the published guidelines used to interpret 34 CFR 668(e), the decision to issue a timely warning is made on a case-by-case basis in light of all facts surrounding the crime, including factors such as the nature of the crime, the continuing danger to the community, and the possible risk of compromising law enforcement efforts.  Neither the Clery Act nor the Department of Education defines "timely". The Department of Education has stated the warning should be issued as soon as the pertinent information is available. 

Midland College will issue timely warnings without delay once reported information has been verified and the determination is made that an immediate threat to the community is evident.  Furthermore, timely warnings may be issued for other offenses not covered by this regulation if a determination is made that the warning will aid in preventing similar offenses from occurring.

How are Timely Warnings Issued?

Timely warnings will be printed on brightly colored posters and distributed around campus in all residence halls, dining halls, academic buildings, administrative buildings, and parking garages.  The Midland College Public Information Officer may send out a campus wide email message containing the alert information if deemed necessary.  Timely Warnings will also be published on the Midland College Police Department web page. 

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. 

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. 

Monitoring and Recording Criminal Activity 

The Midland College Police Department tracks and records index crimes (as defined on page 12 of this report)  occurring on ALL Midland College campuses and in those areas immediately contiguous to the main campus where many students live and frequently access.    These crimes are categorized as: 

  • Non-campus buildings or property owned or controlled by student organizations that are recognized by the College.
  • Non-campus buildings or property owned or controlled by the College that are used in direct support of, or in relation to, the College’s educational purposes, are frequently used by students, and are not in the same reasonable contiguous geographic area of the College; and
  • Public property including thoroughfares, streets, sidewalks, and parking facilities that are within the campus or immediately adjacent to and accessible from the campus.  The jurisdiction of the Midland College Police department does not extend to public property contiguous to the campus; therefore the department has a limited role in investigating criminal activity at these locations.  The department’s role is limited to information sharing, cooperation, and coordination with the investigating local law enforcement agency.

 

Public Crime Log 

A crime log for all campus crime activity is maintained in the Midland College Police Department.   The crime log contains the following information: nature of the crime, date and time crime occurred, date and time crime was reported, general location crime occurred, and disposition. 

A hard copy of the crime log is available during normal business hours for public inspection at the Midland College Police Communications/Information Office, Scharbauer Student Center Room 136.   The log is updated within two days of any activity taking place.  The crime log for the most recent 60 day period is available for viewing for the  upon request during normal business hours.  Any portion of the log that is older than 60 days will be made available within two business days of a request for public inspection.  

An online copy of the public crime log is available on the Midland College Police web site.  This online log only contains the most recent 60 day period.  Any portion of the log that is older than 60 days will have to be requested and will be made available within two business days of the request, and will be made available for public inspection at the Police Communications/Information Office

Criminal Incidents within the Contiguous Area

The Midland College Police Department obtains crime statistics from the Midland Police Department regarding the criminal incidents occurring within the contiguous area surrounding the campus. 

 

MC - MAIN CAMPUS

 

Crime on Campus Report 2011-2013

 

Offense   Type

Year

On

Residential  

Non-Campus  

Public

Total

 

Campus

Facilities

Buildings   &

Property

 

 

 

 

Property

 

 

 

Murder and   Non-Negligent

2011

0

0

0

0

0

 

Manslaughter

2012

0

0

0

0

0

 

 

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

Negligent   Manslaughter

2011

0

0

0

0

0

 

 

2012

0

0

0

0

0

 

 

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

Forcible Sex Offenses

2011

0

0

0

0

0

 

 

2012

0

0

0

0

0

 

 

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

Forcible Sex   Offenses-

2011

0

0

0

0

0

 

Not Reported to   Police

2012

0

0

0

0

0

 

(reported to other   campus officials)

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

Non-Forcible Sex   Offenses

2011

0

0

0

0

0

 

 

2012

0

0

0

0

0

 

 

2013

1

1

1

0

2

 

 

 

 

 

 

 

 

 

Non-Forcible Sex   Offenses-

2011

0

0

0

0

0

 

Not Reported to   Police

2012

0

0

0

0

0

 

(reported to other   campus officials)

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

Robbery

2011

3

2

0

0

3

 

 

2012

0

0

0

0

0

 

 

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

Aggravated Assault

2011

0

0

0

0

0

 

 

2012

0

0

0

0

0

 

 

2013

2

2

0

0

2

 

 

 

 

 

 

 

 

 

Burglary

2011

7

7

0

0

7

 

 

2012

1

1

0

0

1

 

 

2013

4

3

0

0

4

 

 

 

 

 

 

 

 

 

Motor Vehicle Theft

2011

0

0

0

0

0

 

 

2012

0

0

0

0

0

 

 

2013

0

0

1

       0

1

 

 

 

 

 

 

 

 

 

Arson

2011

0

0

0

0

0

 

 

2012

0

0

0

0

0

 

 

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

   Family, Dating Violence  & Stalking                  

2011

    Not      

    Required

 

 

 

 

2012

    Not

Required

 

 

 

 

2013

0

0

0

1

1

 

 

 

 

 

 

 

Offense   Type

Year

On

Residential  

Non-Campus  

Public

Total

 

 

Campus

Facilities

Buildings   &

Property

 

 

 

 

 

 

 

 

 

 

                                                                                                                                                                                                                                                                                                                                                                                                                                               
   

MC - MAIN CAMPUS

   
   

Arrests for Liquor Law, Drug and     Weapons Violations

   
   

Offense Type

   
   

Year

   
   

On

   
   

Residential    

   
   

Non-Campus    

   
   

Public

   
   

Campus

   
   

Facilities

   
   

Buildings     &

   
   

Property

   
   

 

   
   

 

   
   

Property

   
   

 

   
   

Liquor Law Violations

   
   

2011

   
   

27

   
   

13

   
   

14

   
   

0

   
   

 

   
   

2012

   
   

12

   
   

1

   
   

5

   
   

              0

   
   

 

   
   

2013

   
   

28

   
   

27

   
   

             8

   
   

0

   
   

 

   
   

 

   
   

 

   
   

 

   
   

 

   
   

 

   
   

 

   
   

Drug Violations

   
   

2011

   
   

3

   
   

2

   
   

4

   
   

0

   
   

 

   
   

2012

   
   

7

   
   

1

   
   

18

   
   

              0

   
   

 

   
   

2013

   
   

13

   
   

6

   
   

21

   
   

0

   
   

 

   
   

 

   
   

 

   
   

 

   
   

 

   
   

 

   
   

 

   
   

Weapons Violations

   
   

2011

   
   

1

   
   

0

   
   

0

   
   

0

   
   

 

   
   

2012

   
   

0

   
   

0

   
   

1

   
   

0

   
   

 

   
   

2013

   
   

0

   
   

0

   
   

7

   
   

0

   

 

 

                                                        

                                                       MC - MAIN CAMPUS

 

Judicial Referrals for Liquor Law,   Drug and Weapons Violations

 

Offense Type

Year

On

Housing

Non-Campus  

Public

Total

 

Campus

Facilities

Buildings   &

Property

 

 

 

 

Property

 

 

 

Liquor Law Violations

2011

3

3

             0

0

3

 

 

2012

12

12

             0

0

12

 

 

2013

11

11

             0

0

11

 

 

 

 

 

 

 

 

 

Drug Violations

2011

0

0

0

0

0

 

 

2012

7

0

0

0

7

 

 

2013

0

0

0

0

0

 

 

 

 

 

 

 

 

 

Weapons Violations

2011

0

0

0

0

0

 

 

2012

0

0

0

0

0

 

 

2013

0

0

0

0

0

 

                                       

For more information regarding crime statistics reporting for this and other campuses, visit the Office of Postsecondary Education (OPE) website athttp://www.ed.gov/about/offices/list/ope/index.html

 

Hate Crimes - Main Campus (2011-2013)

 

Reported by category of prejudice, any crime reported that manifest evidence that the victim was intentionally selected because of the victim’s actual or perceived race, gender, religion, sexual orientation, ethnicity or disability.

 

During the 2013 calendar year, no hate crimes were reported.

During the 2014 calendar year, no hate crimes were reported.

During the 2015 calendar year, no hate crimes were reported

 

Sex Offender Registry and Access to Related Information

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, went into effect October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, or is a student.

This act amends the Family Educational Rights and Privacy Act of 1974 to clarify that nothing in that Act may be construed to prohibit an educational institution from disclosing information provided to the institution concerning registered sex offenders and requires the Secretary of Education to take appropriate steps to notify educational institutions that disclosure of this information is permitted.

State law requires persons convicted of or placed on deferred community supervision for certain offenses to register as sexual offenders. Offenders who committed "sexually violent" offenses (most contact offenses) must register for the remainder of their life, even after completing probation or parole. Others (some non-contact offenses) may quit registering ten years after completing their term of supervision.

Law enforcement authorities are required to inform the College when registered sex offenders indicate they are living, working or volunteering services on campus. To learn whether information of this nature has been provided to the College, contact the Midland College Police Department at 3600 N. Garfield in the Scharbauer Student Center, or call 685-4734. 

You can access the sex offender registration files free of charge through the Texas Department of Public Safety web page at www.txdps.state.tx.us.

Alcohol 

The College is dedicated to providing a healthy, comfortable, and productive environment for students, faculty, staff, and guests. All members of the College community are expected to maintain self-control. Conduct should be consistent with ideals of academic excellence, health, and responsible social behavior, including recognition of the rights of others.

It is also recognized that Midland College is a community of free and open inquiry in which adults are encouraged to make responsible decisions in their lives, including abstinence from or careful use of alcohol. The College recognizes the freedom of conscience that determines such issues, but cautions that such freedom does not imply license to violate the law or college policy. 

The College may impose penalties for conduct related to the unlawful use, possession, sale, or distribution of alcohol, which include disciplinary probation, payment for damage to or misappropriation of property, suspension of rights and privileges, suspension for a specified period of time, expulsion, or such other penalty as may be deemed appropriate under the circumstances. 

Texas State Law 

All members of the College community should at all times be cognizant of and comply with state and local liquor laws. It is unlawful in the state of Texas for any person under the age of 21 to possess, purchase, or drink alcoholic beverages, except when with either a parent or adult spouse. Providing alcoholic beverages to minors other than where the law provides is prohibited. A violation of this policy subjects the offender(s) to internal disciplinary and/or law enforcement action, which may include a court appearance citation or arrest. 

Possession and Consumption 

The College prohibits the possession and consumption of alcoholic beverages on campus, with the exception of during certain special events such as official College receptions.  For these exceptions, those individuals possessing and consuming the alcoholic beverages must be 21 years of age or older.  Kegs and other similar containers - including, but not limited to, 1/2 kegs, party balls or pony kegs - are not permitted anywhere on campus.

College Education Programs

The College Counseling Center works closely with the Vice President of Student Services to assist those students who are at risk, or have violated the College Drug and Alcohol policies.  Once students are referred to the CounselingCenter, sessions are focused on each type of violation. 

Counselors also present information at Freshman Seminar, at the beginning of each semester, and present information about alcohol.  This presentation is a two part program.  Part one addresses perceptions, social norming, use of alcohol to solve problems, and what services are available.  The second part is based on the Choices Program which instructs the students in the physiology and psychological aspects of substance abuse.

The Counseling Center also offers programs throughout the semester to groups upon request.  The Center also offers referrals to outside assistance agencies which can provide further assistance to students, faculty, and staff.

Drugs 

Every College student shall be responsible for compliance with all local, state, and federal laws regarding controlled substances including, but not limited to, their use, sale, distribution, possession, or manufacture. Violations of any local, state, or federal law regarding controlled substances may subject the person to disciplinary proceedings by the Vice President of Student Services without regard to any proceedings in local, state, or federal courts. 

When the standards of conduct regarding illicit drugs are violated, sanctions may be imposed by the Vice President of Student Services. Possible sanctions include, but are not limited to, a fine, assignment to community service, notification of parents, suspension, time-frame suspension, or expulsion.  The College will impose a minimum disciplinary penalty of suspension for a specified period of time or suspension of rights and privileges, or both, for conduct related to the use, possession, or distribution of drugs that are prohibited by state, federal, or local law. 

Sanctions upon conviction in the criminal court system for possession, distribution, or manufacture of controlled substances range from fines and probation to imprisonment. Amounts of fines, terms of probation, or years of imprisonment generally are contingent upon the circumstances and amounts of drugs in possession, sale, distribution, or manufacture.

Texas State Law

Midland College enforces all state and federal laws that prohibit the possession or sale of illegal drugs or drug paraphernalia. In addition, Midland College policy provides for suspension of students found guilty of possession of drugs on campus.

College Education Programs

The College Counseling Center works closely with the Vice President of Student Services to assist those students who are at risk, or have violated the College’s Drug and Alcohol policies.  Once students are referred to the CounselingCenter, sessions are focused on each type of violation. 

Counselors also present information at Freshman Seminar, at the beginning of each semester, and present information about drugs and drug use.  This presentation is a two part program.  Part one addresses perceptions, social norming, use of drugs to solve problems, and what services are available.  The second part is based on the Choices Program which instructs the students in the physiology and psychological aspects of substance abuse.

The Counseling Center also offers programs throughout the semester to groups upon request.  The Center also offers referrals to outside assistance agencies which can provide further assistance to students, faculty, and staff. 

Violence Against Women Reauthorization Act of 2013 / Campus SaVE Act 

It is the policy of Midland College to maintain an environment that is free from intimidation and one in which students may be educated to their fullest potential.  Midland College will not tolerate physical abuse, threats of violence, physical assault, or any form of sexual assault, including but not limited to acquaintance or date rape, domestic & dating violence, and/or stalking. In addition, all such acts of sexual violence are considered forms of Sexual Harassment covered under Title IX of the Education Amendments of 1972 (Title IX). 

Domestic Violence defined:

 “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. 

Procedures to Follow 

Anyone who is a victim of any form of sexual assault, domestic & dating violence, and stalking should immediately call the Midland College Police Department by calling 432-685-4734. Reporting these crimes does not mean that the victim must press charges, take the case to criminal trial and/or a university disciplinary hearing. Even if a victim is undecided about filing criminal charges, calling the police, preserving evidence, and going to the hospital will provide for their emotional and medical needs and preserve the option to file criminal charges at a later time. 

Notification of Law Enforcement

Victims of sexual assault, domestic & dating violence and stalking or persons who have information regarding these crimes are strongly encouraged to report the incident to the Midland College Police Department immediately. It is the Midland College Police Department’s policy to conduct investigations of all sexual assault, domestic & dating violence, and stalking complaints with sensitivity, compassion, patience and respect for the victim. Investigations are conducted in accordance with guidelines established by the Texas Penal Code, Code of Criminal Procedure. 

Changes in Academic and Living Situation 

The College can assist a victim of Sexual Assault, Domestic & Dating Violence, and Stalking with issues including, but not limited to, class schedule changes, withdrawal procedure, campus housing relocation and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.  If the reporting student provides credible evidence that the accused student presents a continuing danger to a person or property or poses an ongoing threat of disrupting the academic process. The Vice President of Student Services and/or the Title IX Coordinator may take interim action against the accused student, as appropriate.  

Title IX Requirements  

Title IX prohibits discrimination on the basis of sex in education programs of activities operated by recipients of Federal financial assistance.  Sexual Harassment of students, faculty, and staff, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Title IX requires Midland College to take immediate action to eliminate harassment, prevent its recurrence, and address its effects.  The Title IX Coordinator is responsible for administrative investigation of claims of sexual harassments and sexual violence, and ensuring there are appropriate grievance procedures for a prompt resolution of student, faculty, and staff sex discrimination complaints.  The college’s Title IX investigation is different from a law enforcement investigation, and a law enforcement investigation does not relieve the college of its independent Title IX obligation to investigate conduct. 

Title IX Coordinator: Tana Baker

Scharbauer Student Center RM 242

432-685-4781 

Procedures for Campus Disciplinary Action 

A student may choose to report the assault to the Vice President of Student Services Office for disciplinary action regardless of whether or not the student has decided to press criminal charges.   A student may also file a report of sexual assault, domestic and dating violence, and stalking against another student, or a faculty or staff member, by directly contacting the Vice President of Student Service’s office (432-685-4503).  

Standard of Evidence in Disciplinary Hearings and Processes:  

The term “evidence” refers to the means by which al-legged facts are either proved or disproved. It includes the testimony of witnesses and documentary or objective exhibits offered by the parties involved. The Hearing Officer shall be the sole judge of the admissibility of evidence, the credibility of the witnesses, and the weight to be given to the evidence or any inference drawn there-from. The Hearing Officer may ask questions of witnesses, the parties, or their counsel as may be deemed appropriate to ascertain the facts, or to aid the Hearing Officer in deciding upon the admissibility of evidence, the credibility of a witness, or the weight given to evidence admitted. Legal rules of evidence do not apply to Student Code of Conduct hearings. Either party may object to the admission of evidence upon any ground that they deem appropriate. The Hearing Officer shall rule upon such objections and either admit or exclude the objectionable evidence.  Evidence which is irrelevant, immaterial, or unduly repetitious will be excluded by the Hearing Officer upon objection of either party. Documents, letters, writings, pictures, drawings, or objects that a party plans to offer in evidence shall first be given to the Hearing Officer to be marked and identified as the exhibit of that party and listed by the Hearing Officer. After being marked and identified, each exhibit shall be shown to the opposing party. Unless the opposing party disputes the authenticity of the exhibit or has no knowledge with respect thereto, the exhibit may be offered without authentication; however, the exhibit may be objected to on grounds other than authenticity. 

Sanctions That May Be Imposed as a result of an Administrative Hearing: 

The disciplinary actions assessed in a particular case will be dependent upon the nature of the conduct involved, the circumstances and conditions which existed at the time the student engaged in the conduct, and the results which followed as a consequence of the conduct. 

                                                                                                                              I.      Disciplinary warning

                                                                                                                                    II.            Disciplinary probation

                                                                                                                                  III.            Withholding of grades, official transcripts or degree

                                                                                                                                  IV.            Prohibited from readmission or dropped from current enrollment

                                                                                                                                    V.            Suspension of
rights and privileges

                                                                                                                                  VI.            Suspension

                                                                                                                               VII.            Expulsion

                                                                                                                             VIII.            Educational programs

                                                                                                                                  IX.            Other penalty as deemed appropriate under the circumstances. 

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:

(2)    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

(3)    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 

EDUCATIONAL PROGRAMS THAT PROMOTE AWARENESS

The College Counseling Center will conduct educational programs on sexual assault for students through the semester for specific groups as requested. In addition, confidential, ongoing counseling for student survivors of sexual assault is available with the College Counseling Center. Confidential, ongoing counseling for faculty and staff survivors of sexual assault is available through the Counseling Center and may require a small fee.

The College Counseling Center and Midland Rape Crisis Center are available to provide support services for anyone affected by any form of sexual offense.  Students who may have been assaulted by someone who is not affiliated with the university may also contact any of the available university support services.  The College Counseling Center can be contacted at 432-685-4729. 

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, Title IX Coordinator 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, or the Title IX coordinator at 685-4781.  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. 

Weapons Policy 

In accordance with Texas Penal Code, Chapter 46, it is a felony to intentionally, knowingly, or recklessly possess a firearm, illegal knife, or prohibited weapon (with or without a concealed handgun permit) on the physical premises of a school or educational institution, to include any buildings or passenger transportation vehicles under the direct control of the educational institution. 

Missing Students Who Reside in On-Campus Housing 

If a member of the college community has reason to believe that a student that resides in on-campus housing is missing, he or she should immediately notify the Midland College Police Department at (432) 685-4734. Midland College Police Department will generate a missing person report and initiate an investigation. After investigating the missing person report, should Midland College Police Department determine that the student is missing and has been missing for more than 24 hours, Midland College Police Department will notify 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 an emancipated individual, Midland College will notify the student’s parent or legal guardian immediately after Midland College Police Department has determined that the student has been missing for more than 24 hours. 

In addition to registering an emergency contact, students residing in on-campus housing have the option to select a confidential contact person to be contacted by Midland College in the event the student is determined to be missing for more than 24 hours. If a student has selected a confidential contact person, Midland College will notify the person no later than 24 hours after the student is determined to be missing.  Students who wish to identify and select a confidential contact can do so through their respective on-campus housing management. 

Hazing

Hazing in state educational institutions is prohibited by both state law (Sections 51.936 & 37.151 et seq., Texas Education Code) and by the Regents’ Rules and Regulations (Series 50101, Section 2). Individuals or organizations engaging in hazing could be subject to fines and charged with criminal offenses. Additionally, the law does not affect or in any way restrict the right of the College to enforce its own rules against hazing.

Individuals
A person commits an offense if the person:

  1. engages      in hazing;
  2. solicits,      encourages, directs, aids or attempts to aid another engaging in hazing;
  3. recklessly      permits hazing to occur; or
  4. has      firsthand knowledge of the planning of a specific hazing incident involving      a student in an educational institution, or has firsthand knowledge that a      specific hazing incident has occurred,
  5. And      knowingly fails to report that knowledge in writing to the Vice President      of Student Services or other appropriate official of the institution.

Organizations
An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.

Definition
The term “hazing” is broadly defined by statute to mean any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization. Hazing includes, but is not limited to:

  • any      type of physical brutality, such as whipping, beating, striking, branding,      electronic shocking, placing of a harmful substance on the body, or      similar activity;
  • any      type of physical activity, such as sleep deprivation, exposure to the      elements, confinement in a small space, calisthenics, or other activity      that subject the student to unreasonable risk of harm or that adversely      affects the mental or physical health or safety of the student;
  • any      activity involving the consumption of a food, liquid, alcoholic beverage,      liquor, drug or other substance that subjects the student to an      unreasonable risk of harm or that adversely affects the mental or physical      health or safety of the student;
  • any      activity that intimidates or threatens the student with ostracism, that      subjects the student to extreme mental stress, shame or humiliation, that      adversely affects the mental health or dignity of the student or      discourages the student from entering or remaining registered in an      educational institution, or that may reasonably be expected to cause a      student to leave the organization or the institution rather than submit to      acts described in this subdivision; and
  • any      activity that induces, causes, or requires the student to perform a duty      or task that involves a violation of the Penal Code. The fact that a      person consented to or acquiesced in a hazing activity is not a defense to      prosecution.

 Activities which under certain conditions constitute acts that are dangerous, harmful, or degrading, in violation of Rules include but are not limited to:

  • calisthenics,      such as sit-ups, push-ups, or any other form of physical exercise;
  • total      or partial nudity at any time;
  • the      eating or ingestion of any unwanted substance;
  • the      wearing or carrying of any obscene or physically burdensome article;
  • paddle      swats, including the trading of swats;
  • pushing,      shoving, tackling, or any other physical contact;
  • throwing      oil, syrup, flour, or any harmful substance on a person;
  • rat      court, kangaroo court, or other individual interrogation;
  • forced      consumption of alcoholic beverages either by threats or peer pressure;
  • lineups      intended to demean or intimidate;
  • transportation      and abandonment (road trips, kidnaps, walks, rides, drops);
  • confining      individuals in an area that is uncomfortable or dangerous (hot box effect,      high temperature, too small);
  • any      type of personal servitude that is demeaning or of personal benefit to the      individual members;
  • wearing      of embarrassing or uncomfortable clothing;
  • assigning      pranks such as stealing; painting objects; harassing other organizations;
  • intentionally      messing up the house or room for clean up;
  • demeaning      names;
  • yelling      and screaming; and
  • requiring      boxing matches or fights for entertainment.

 Immunity
In an effort to encourage reporting of hazing incidents, the law grants immunity from civil or criminal liability to any person who reports a specific hazing event in good faith and without malice to the Vice President of Student Services or other appropriate official of the institution and immunizes that person for participation in any judicial proceeding resulting from that report. Additionally, a doctor or other medical practitioner who treats a student who may have been subjected to hazing may make a good faith report of the suspected hazing activities to police or other law enforcement officials and is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report. The penalty for failure to report is a fine of up to $1,000, up to 180 days in jail, or both. Penalties for other hazing offenses vary according to the severity of the injury which results and include fines from $500 to $10,000 and/or confinement for up to two years.

Emergency Notification and Evacuation Procedures

 

In cases where there is an imminent and immediate threat to the Midland College community, Midland College has designed a redundant notification system that employs campus-wide text messages, social media, voice messages, emails, web pages and city sirens that are public address capable.  In addition, low-tech solutions include bullhorns, walkie-talkies, and runners delivering messages word of mouth, all with the goal of notifying the campus community, regardless of disaster-related communication failures.

 

When the need to evacuate the campus arises, fire alarms will be utilized.  When the alarm is activated, then silenced, then reactivated, it signals a need for evacuation of the building. Cars will not be allowed to leave the campus for traffic could delay emergency vehicles or other persons could be injured in the parking lots.   Faculty and staff will assist injured persons to EMS points for medical treatment and possible transport off campus.   

Resident assistants will assist in the evacuation of student housing.In the event of a weather related emergency, such as a tornado or other severe thunderstorm, students, faculty, and staff are encouraged to heed the following precautions: 

  • If a tornado warning is issued, seek shelter immediately inside an interior room within the building in which you are located or nearest to your location at the time of the warning.  Stay away from windows, doors, and outside walls. 
  • Do not drive to shelter, unless you are already in a vehicle when the warning is issued, then drive to the nearest building or seek shelter in a ditch or ravine. 
  • Never try to outrun a tornado in your vehicle. 
  • If you are in a building, go to the designated shelter area. Interior halls on the lowest floors are usually best.   Go to an interior room on the lowest level (e.g., bathroom, closet, hall, etc.). Get under a piece of sturdy furniture if possible.   Stay away from all windows.

 

General Crime Prevention Tips 

  • Avoid walking alone, particularly after dark.      Contact Midland College Police Department for a security escort whenever      possible. If walking alone is unavoidable, be aware of your surroundings      and let someone know when to expect you.
  • Walk purposefully and make eye contact with      strangers.
  • Avoid shortcuts. The shortest route is not always      the safest route. Walk along the mid-point between curbs and buildings and      away from alleys and bushes.
  • Dress for mobility, particularly after dark.
  • Avoid deserted areas, poorly lit streets, alleys,      and pathways.
  • Never jog alone after dark.
  • When walking or jogging, go against the flow of      traffic; that makes it harder for motorists to bother you. (If harassed      from a car, walk or run in the opposite direction. Scream if you are truly      frightened.)
  • Do not jog while wearing stereo headphones. It’s      important to be alert to what’s happening around you.
  • Carry your personal belongings in a backpack or      similar container that will enable your arms and hands to be free at all      times.
  • Avoid approaching your car with bundles that      restrict use of your arms. If you’ve been shopping, ask the store for      assistance.
  • Always have your keys ready to unlock the door to      your car or residence and enter without delay. Lock the doors after you      get inside.
  • Before entering your car, look in the back seat      and on the floorboard.
  • Always lock car doors and windows when you leave      or enter your car.
  • Never leave belongings in plain view in your car.      Lock them in the trunk.
  • If someone in a vehicle attempts to stop you -      even to ask for directions - do not get close to the vehicle.
  • Register, engrave, mark, and/or photograph all      your valuables including bicycles, stereos, jewelry, vehicles, computers,      etc.
  • Never get on an elevator with someone who looks      suspicious. If someone who looks suspicious gets on, get off immediately.
  • Avoid using ATMs in dark, isolated areas; it’s      best to use machines that are highly visible in public areas such as      supermarkets.
  • Never flash your cash. Always have      "emergency" change for a phone call.
  • Be responsible with alcohol. If you are      intoxicated, you are less alert and an easier target for robbers and      attackers.


Security in the Student Housing

  • Never leave your door open, even if you will be      gone for only a few minutes.
  • Never prop any door open.
  • Always lock doors, screens, and windows to      prevent uninvited access to your room.
  • Don't mark your room key or key chain with your      name, address, or telephone number.
  • Do not give anyone a key to your room.
  • Do not leave valuables in plain sight.
  • Never let strangers into your apartment. This      puts you and others at risk.
  • Be aware of suspicious persons and activities. If you observe someone      or something suspicious, notify a resident assistant and the Midland College      Police Department, 685-4734 

Electrical Safety

  • Do not overload extension cords, power strips, or outlets.
  • Get a power strip with an over-current protector.
  • Be wary of electrical outlets that are too hot to touch.
  • Do not connect multiple extension cords together.
  • Do not route cords under doors or carpets.
  • Do not staple extension cords.
  • Look for the UL Mark on any electrical product you use.
  • Use light bulbs with correct wattage for lamps. 

Fire Safety

  • Never ignore a fire alarm.
  • Never disable a smoke alarm by removing the battery.
  • Always call the fire department or 685-4734 immediately.
  • Memorize the number of doors to the nearest exit.
  • Close doors behind you as you leave the building.
  • Protect yourself and your roommates before property and valuables. 

 

Helpful Telephone Numbers

 

Police/Fire/Ambulance Emergency                  911 

 

Police Non-Emergency                                   685-4734

Police Administration                                     685-4734

Vice President of Student Services                 685-4503

MC Counseling Center                                   685-4729

Title IX Coordinator                                       685-4781 

Midland Memorial Hospital                           221-1111

Midland Police Department

Emergency                                          911

Non-emergency                                   685-7110

Midland Fire Department

Emergency                                          911

Non-emergency                                   685-7332

Midland County Sheriff’s Office Emergency                                          911

Non-emergency                                   688-4600

 

Odessa Police Department

            Emergency                                          911

            Non-emergency                                   333-3641

Ector County Sheriff’s Office

Emergency                                          911

Non-emergency                                   335-3050

Odessa Fire Department

            Emergency                                          911

            Non-emergency                                   257-0502

 

Odessa Rape Crisis Center                             333-2527

Midland Rape Crisis Center                           682-7273

 

To Check Texas   Road Conditions                  (800) 452-9292

To Check New Mexico Road Conditions      (800) 432-4269

 

Texas Road Side Assistance                           (800) 525-5555

           

 

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