ES5040 - Weapons on College Property and in Programs/Activities

1. Institutional Regulations
   
   The Board of Directors of DMACC supports efforts to provide a safe educational environment for its students, faculty, staff and visitors. To that end, the Board of Directors of DMACC, through Board Policy 2015 Firearms and Weapons on College Property, prohibits the possession of a firearm or other weapon on any DMACC property, unless it falls within an exception set out in Section IV below, and confers upon its staff the power to promulgate rules and invoke sanctions to support this concept.
    
2. Definitions
   1. Weapons. A “weapon” is any instrument or device designed primarily for use in inflicting death or injury upon a human being or animal, and which is capable of inflicting death upon a human being when used in the manner for which it was designed. Weapons may include, but are not limited to: any offensive weapon, firearms of any kind such as pistols, revolvers, or other guns, BB or pellet guns, knives such as daggers, razors, stilettos, switchblade knives or knives with a blade exceeding five inches in length, tazers, stun guns, or other portable devices or weapons directing an electric current, impulse, wave, or beam that produces a high-voltage pulse designed to immobilize a person, explosives or incendiaries such as bombs, grenades, or fireworks, poison gas, or simulations of any such items (devices that appear to be real such as a realistic toy, replica, paint-ball gun, etc.). A weapon may also include an object of any sort whatsoever which is used in such a manner as to indicate that the person using the object intends to inflict death or serious injury upon another person, or which is threatened to be used in such a manner, and which, when so used, is capable of inflicting death upon a human being. A weapon may also include any part or combination of parts either designed or intended to be used to convert any item into a weapon or to assemble into a weapon.
   2. “Possession” means that the person has actual physical control of the weapon because it is on or in the person’s body, or in an item of personal property belonging to the person (including, but not limited to, a bookbag, backpack, briefcase, or purse), or in a locker or other space individually assigned to the person. “Possession” also means that the person knows, or should know, of the presence of a weapon within a vehicle which the person owns or operates and that the person has the ability or right, either alone or with any other person, to maintain control of the weapon.
3. Procedure
   1. The following acts by students, faculty, staff or college property visitors are prohibited:
      1. To have possession of a weapon of any type while on DMACC property. This prohibition includes, but is not limited to, those weapons which otherwise may be carried pursuant to a valid permit issued in accordance with the Iowa weapons law.
      2. This policy applies to:
         1. All DMACC campuses, attendance centers, dining facilities, and office buildings, whether owned, leased, or rented by DMACC.
         2. All housing owned by DMACC or that lies within the boundaries of a DMACC campus (provided, however, that residents of such housing may possess knives having a blade exceeding five inches for cooking purposes).
         3. No DMACC location is exempt from this policy. This includes personal vehicles located on DMACC property, DMACC vehicles, DMACC walking trails, and DMACC outdoor athletic complexes.
   2. Investigation and Charge Procedure for Alleged Violations of Weapons on College Property Policy
      1. Any person who observes a student, faculty, staff, or visitor violating the Weapons on College Property Policy shall immediately inform DMACC Security (Ankeny and Urban Campuses) or Campus Provosts (all other campuses/attendance centers). In addition, the person shall promptly complete and submit a Campus Incident Report located online at https://infopath.dmacc.edu/security/default.aspx. Alleged violations of the Weapons on College Property Policy will be promptly investigated.
      2. Violations of the Weapons on College Property Policy will result in appropriate disciplinary action and may result in referral to law enforcement. Violations of the Weapons on College Property Policy by students will result in violations of ES4630 - Student Conduct, Discipline and Appeals Procedure . The Judicial Officer will review Student Conduct/Discipline Reports and may choose to file additional charges according to ES4630 .
4. Exceptions
   1. This policy does not apply to any certified law enforcement officer with a valid permit to carry weapons which has been issued to the officer in accordance with the Iowa weapons law and the weapons possession is within the limits of that permit, and the officer’s duties require the officer to carry such weapons. This exception does not apply to military personnel (unless otherwise required by law).
   2. This policy does not apply to other persons specifically authorized by the College in advance to possess a weapon on College property for a limited purpose, such as DMACC security or individuals hired specifically for security for a special event.
5. Appeal Procedures
   1. If an individual believes he/ she is not responsible for an alleged violation of the Weapons on College Property Policy, he/ she may appeal to the Campus Provost or the Executive Dean of Student Services within ten (10) business days of receipt of the DMACC Incident Report or other notification from the College. Failure to submit an appeal form within the scheduled time period will result in the sanction being imposed.