Rockhurst University Annual Clery Act Security Report 2021 and Annual Fire Report 2021

Rockhurst University

2021 Combined Annual Security Report & Fire Safety Report

Introduction

This report is provided in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended. It provides students and employees of Rockhurst University ("University") with information on: the University's security arrangements, policies, and procedures; programs that provide education on such things as drug and alcohol abuse, awareness of various kinds of sex offenses, and the prevention of crime generally; and procedures the University will take to notify the campus community in the event of an emergency. Its purpose is to provide students and employees with information that will help them make informed decisions relating to their safety and the safety of others.

Policy for Preparing the Annual Report

This report is prepared by the Chief of the Department of Safety and Security in cooperation with local law enforcement authorities and includes information provided by them as well as by the University's campus security authorities and various other elements of the University. Each year an e-mail notification is made to all enrolled students and employees that provide the website link to access this report. Prospective students and employees are also notified of the report's availability. Hard copies of the report may also be obtained at no cost by contacting 5401 Troost, Kansas City, Missouri 64110. The University is committed to taking the actions necessary to provide a safe and secure working/learning environment for all students and staff. As a member of the campus community, you can feel safe and comfortable knowing that security procedures are in place that represents best practices in the field and is continuously tested and re-evaluated for their effectiveness.

General Safety and Security Policies

Campus Security Personnel & Relationship with Local Law Enforcement

The Department of Safety and Security is responsible for campus safety at the University.

All Department of Safety and Security personnel are commissioned as private police officers in accordance with the authority vested in the Kansas City Board of Police Commissioners under section 84.720 RSMo., Title 17 CSR 10-2.010/020/030/040/050/055/060. All personnel have a Class A license and are designated as either a patrol agent or a private investigator. Selected personnel in Administration and Operations are qualified to carry firearms. All personnel, whether armed or unarmed, have the power of arrest as assigned by the administration of the Department of Safety and Security and the University. This authority is granted under Title 17 outlined above. The University Department of Safety and Security patrols an area that includes the surrounding neighborhood for a radius of one block in all directions. 

All crimes occurring on campus, on non-campus property owned by the University or on nearby public property should be reported immediately to the Chief of Safety and Security. The number to contact is 816-501-4010.

The Department of Safety and Security Dispatch Communications Center is staffed 24 hours per day, 365 days per year.

While the University does not have any written agreements with local law enforcement agencies, it does maintain a close working relationship with local police.

Campus Security Authorities

The University has designated certain officials to serve as campus security authorities. Reports of criminal activity can be made to these officials. They, in turn, will ensure that the crimes are reported for collection as part of the University's annual report of crime statistics. The campus security authorities to whom the University would prefer that crimes be reported are listed below.

• Vice President & Dean of Students Dr. Matt Quick at 816-501-4030
• Associate Vice President for Student Development Mark Hetzler at 816-501-4843
• Director of New Students/Access Coordinator/Assistant Dean of Students Mindy Pettegrew at 816-501-4689
• Associate Dean of Students & Families Marcia Ladage at 816-936-8716
• Human Resources Director Barbara Upton Garvin at 816-501-4555
• Athletic Director Gary Burns at 816-501-4854
• Assistant Director of Residence Life Emily Kempf at 816-501-3571
• Assistant Director of Residence Life Emma Rapp at 816-501-4398
• Assistant Athletic Director Mike Koehler at 816-501-4331
• Assistant Athletic Director Kathy Strecker at 816-501-4857
• Assistant Director of Residence Life Grant Carlson at 816-501-4126
• Assistant Athletic Director Kathy Strecker at 816-501-4857
• Resident Director Corcoran Jordan Tarango at 816-501-1100
• Resident Director Xavier-Loyola Hall – Kellie Rodriguez at 816-501-2107
• Student Activity Director/Greek Life Angie Carr-Robinette at 816-501-4541
• Resident Director Corcoran Jordan Tarango at 816-501-1100
• Resident Director McGee Hall Brey Primous at 816-501-3100
• Area Coordinator Jordan Schwabauer at 816-501-4429
• Student Success Coach Ashley Halter at 816-501-4867
• Director of Compliance and Risk Management Kimberly Brant Schmelzle at 816-501-4036
• Chief of Department of Safety and Security Randy Hopkins at 816-501-4659
• Captain with the Department of Safety and Security Leonard Patterson at 816-501-3524

Reporting a Crime or Emergency

The University encourages accurate and prompt reporting of all criminal actions, emergencies, or other incidents occurring on campus, on other property owned by the University, or on nearby public property to the appropriate administrator and appropriate police agencies. Such a report is encouraged even when the victim of a crime elects not to make a report or is unable to do so.

• Crimes posing imminent danger (off-campus) should be reported by calling 911 and all crimes occurring on or near University property should be reported immediately to the Department of Safety and Security by calling (816) 501-4010 from any campus phone or cell phone. Keep in mind that the individual making the call from a cell phone will need to provide the address where the emergency has occurred.
• • Students, staff, and visitors should report criminal actions, accidents, injuries, or other emergency incidents to the Rockhurst University Department of Safety and Security or one of the campus security authorities identified above. Once reported, the individual making the report will be encouraged to also report it to appropriate police agencies. If requested, a member of the University staff will assist a student in making the report to the local police. Campus crimes may be reported anomalously to the Department of Safety and Security by calling the dispatcher at calling (816) 501-4010 or downloading and using the CampusEye Mobil App.

Confidential Reporting

The University will protect the confidentiality of victims. Only those with a need to know the identity for purposes of investigating the crime, assisting the victim or disciplining the perpetrator will know the victim's identity. 

Any victim of a crime who does not want to pursue action within the University disciplinary system or the criminal justice system is nevertheless encouraged to make a confidential report to a campus security authority. With the victim’s permission, a report of the details of the incident can be filed without revealing the victim’s identity.  Such a confidential report complies with the victim’s wishes, but still helps the University take appropriate steps to ensure the future safety of the victim and others. With such information, the University can keep an accurate record of the number of incidents involving students, determine where a pattern of crime may be developing and alert the community as to any potential danger.  These confidential reports are counted and disclosed in the annual crime statistics for the University.

As it relates to crimes that fall under the University’s Sexual Harassment Policy[1], the policy provides: The University will keep confidential the identity of any individual who has made a report or Formal Complaint of Sexual Harassment or Retaliation including any Complainant, the identity of any individual who has been reported to be a perpetrator of Sexual Harassment or Retaliation including any Respondent, and the identity of any witness.  The University will also maintain the confidentiality of its various records generated in response to reports and Formal Complaints, including, but not limited to, information concerning Supportive Measures, notices, investigation materials, adjudication records, and appeal records.  Notwithstanding the foregoing, the University may reveal the identity of any person or the contents of any record if permitted by FERPA, if necessary to carry out the University’s obligations under Title IX and its implementing regulations including the conduct of any investigation, adjudication, or appeal under this policy or any subsequent judicial proceeding, or as otherwise required by law.  Further, notwithstanding the University’s general obligation to maintain confidentiality as specified in this policy, the parties to a report or Formal Complaint will be given access to investigation and adjudication materials as provided in this policy.

The University encourages its pastoral and professional counselors, if and when they deem it appropriate, to inform the person they are counseling to report crimes on a voluntary, confidential basis for inclusion in the annual report of crime statistics.

Security of and Access to Campus Facilities

Security of and access to Residence Halls, Townhouses (THV), and On-Campus Houses (OCH)

• CORCORAN HALL: Corcoran Hall consists of two wings connected by a common lobby.  The building houses primarily new students and is staffed with a resident hall director (RD) and several assistants (RA).   It is equipped with a Swipe Card Access System for access control on all main entry doors, as well as each wing on each floor.  Entry is gained by using a specially coded, individual identification card. If a card is lost for any reason, a new one can be issued, and the old card is canceled.  The main lobby, as well as all hallways on each floor in each wing, is equipped with a closed-circuit television camera and is monitored and recorded 24 hours per day, 7 days per week.  The Residence Life Department staffs the front desk located on the lobby level during peak hours of occupancy and activity, 7 days per week.  All non-residents of this hall must check in with the desk assistant and leave their i.d. card for pick up when they leave the building.
• XAVIER-LOYOLA HALL (XL):  X-L Hall consists of two buildings connected by a common lobby.  The building houses primarily upperclass students and is staffed with an RD and several RA’s.  It is equipped with a Swipe Card Access System for access control on all main entry doors. Entry is gained by using a specially coded, individual identification card. If a card is lost for any reason, a new one can be issued, and the old card is canceled.  The main lobby, as well as all hallways on each floor in each wing, is equipped with a closed-circuit television camera.  The Residence Life Department staffs the front desk located on the lobby level during peak hours of occupancy and activity, 7 days per week.   All non-residents of this hall must check in with the desk assistant and leave their i.d. card for pick up when they leave the building.
• MCGEE HALL:  McGee Hall is a 6 story building with 113 rooms and is occupied primarily by new students. The hall is staffed with an RD and several RA’s.  It is equipped with a swipe card system.  Entry is gained into the building, as well as the elevators and two stairwells, by using this identification card system. If a card is lost a new one can be issued and the old card canceled as soon as the loss is reported.  The main lobby, as well as each hallway, is equipped with closed-circuit television cameras.  The Residence Life Department staffs the front desk located on the lobby level during peak hours of occupancy and activity, 7 days per week.  All non-residents of this hall must check in with the desk assistant and leave their i.d. card for pick up when they leave the building.
• TOWNHOUSE VILLAGE (THV): The Townhouse Village operates like any apartment/townhouse complex with all university rules and regulations in force, just as in all residential living facilities.  Each unit has its own specific key which is carried by all of the occupants of that unit. Occupants are responsible for making sure their units are secure.  Exterior lighting is present, and the security staff patrols the parking lots and exteriors of the buildings regularly. The Townhouse Village Community Center is equipped with one closed-circuit television camera located in the main entryway, which is monitored and recorded 24 hours a day by the Department of Safety and Security, as are all closed-circuit television cameras (CCTV) on campus. The Townhouse Village is assigned an area coordinator who acts as the RD and four RA’s.
• ON-CAMPUS HOUSES (OCH): Several houses, both single-family, and duplexes have been added to our campus housing availability.  All university rules and regulations are in force, just as they are in all residential living facilities. An area coordinator is assigned as RD, and two RA’s.  The occupants are provided the phone numbers for the security dispatch office as outlined in this report for contacting the Department of Safety and Security from off-campus. Each OCH (ON CAMPUS HOUSE) is equipped with an intrusion detection system with a panic alarm feature.  These systems are monitored 24 hours per day by an off campus monitoring station, and when activated, will initiate an immediate response from the campus Department of Safety and Security.  The student occupants in these OCH Units are encouraged to act as responsible neighbors, including calling in suspicious persons and activity, not just at their house, but their neighbor’s as well.
• ROCK ROW HOUSES:  The Rock Row housing operates like any apartment/townhouse complex with all university rules and regulations in force, just as in all residential living facilities.  Each unit is equipped with a swipe card entry system. If a card is lost, a new one can be issued and the old card canceled as soon as the loss is reported. Each Rock Row unit is equipped with intrusion detection and a panic alarm.  These systems are monitored 24 hours per day by the Rockhurst security communications office, and when activated, will initiate an immediate response from the campus Department of Safety and Security.  The front and rear entries of each unit are equipped with closed-circuit television cameras which are monitored and recorded 24 hours a day by the Department of Safety and Security. The Rock Row housing is assigned an RA)

Security of and Access to Non-Residential Campus Buildings

• ARRUPE HALL: This classroom/office building also houses the Arrupe Auditorium. The building is equipped with swipe access control on exterior doors, as well as certain select interior doors. The building is equipped with a security red phone system. There is CCTV installed in the building interior and on the exterior of the building which is monitored by the Security Dispatch. Panic alarms are installed in select office locations.
• COMMUNITY CENTER: The University Community Center houses both the community center and the university’s Department of Safety and Security and is located at 5401 Troost.  This building is equipped with electronic access control.  This system controls both the exterior entry door and the interior access to the community center and the Department of Safety and Security.  There is one internal and two exterior closed-circuit television cameras available.  They are monitored and recorded as all CCTV cameras are on campus.  The security communications office handles all campus fire and security panic alarms, security phone answering (as well as campus phone answering after regular business hours), and two-way radio communications.  The security dispatch office, just like security field operations, is staffed 24 hours per day, 365 days per year.
• CONWAY HALL: This classroom/office building houses, classrooms, the Helzberg School of Management Administrative offices, faculty offices, and computer labs.  The building is equipped with the electronic access control swipe-card system for exterior doors and selected interior doors.   The building is equipped with the security red phone system inside and out.  Panic alarms are available in office locations. Select locations within this building are equipped with CCTV cameras that are monitored and recorded 24hrs a day by the Department of Safety and Security.
• FIELDHOUSE/CONVOCATION CENTER: The athletic complex, housed in the Mason-Halpin Fieldhouse/Convocation Center is used for scheduled athletic events, including campus intramural programs. It also includes athletic training facilities, locker areas, classrooms, weight room, the Athletic Department Administrative Offices, and storage.  The field house/convocation center is a combined structure; the two buildings can function together or as individual entities.  The electronic access control installed on the Convocation Center side can be used to control access to both buildings.  Panic alarms are installed at this location.  The buildings are equipped with the security red phone system. The building has CCTV cameras present.
• GREENLEASE ART GALLERY: The art gallery houses the permanent collection of art belonging to Rockhurst University and is the site of exhibitions of guest artist work throughout the year.  There are offices and art storage areas.  The gallery is equipped with electronic access control, a panic alarm, and closed-circuit television cameras.  A red security phone is also available.
• GREENLEASE LIBRARY: The library is equipped with the electronic access control system.    When the building is open, it is continuously operated by library staff.  The library is equipped with a security red phone system.  Panic alarms are available in the office areas.  Closed-circuit television is also installed in the library and is monitored by the security dispatch office.
• MAGIS ACTIVITY CENTER (MAC): This building is comprised of a large gathering space, men’s and women’s soccer locker rooms, and an athletic training room on the first floor – and the second floor is entirely dedicated to strength and conditioning equipment as well as an aerobic space.  Randy, you will need to insert detail here about safety aspects. The building is equipped with swipe access control on exterior doors. Select exterior doors are equipped with Access-Control Keypads. Panic alarms are installed at this location. There is CCTV installed in the building interior and on the exterior of the building which is monitored by the Security Dispatch.
• MASSMAN HALL: This building houses both university administrative offices and student activity spaces, including a campus dining hall and other food outlets, meeting rooms, campus chapel, athletic weight room, and shower area, and the campus bookstore.  All exterior entry doors are equipped with the electronic access control swipe system.  The automated access control system covers selected interior doors as well.  The building also contains the campus closed-circuit television system. The security red phone system is equipped on the exterior and interior of the building. Panic alarms are available in selected office areas.
• NORTH PARKING GARAGE: This building is a four-story parking structure with several retail spaces at the ground level. The stairwell towers are equipped with the swipe access control system. The garage parking areas are equipped with the code blue security phones. Closed-circuit television is present, and panic alarms are available in retail spaces.
• SEDGWICK HALL: This is the oldest building on campus.   It includes; classrooms, faculty/staff offices, the Mabee Theater, and the theater shop spaces.  The building is equipped with the electronic access control swipe-card system on its exterior entry doors.  The security red phone system is located on both the exterior and interior of the building.  Panic alarms are located in selected office locations.
• ST. IGNATIUS SCIENCE CENTER: This is a classroom/laboratory/office building. All exterior entry doors are equipped with electronic access control.  The swipe card system also covers selected interior doors. Closed-circuit television is installed in this building. There are selected offices equipped with the panic alarm system. Security red phones are installed on the exterior and interior of this building.  
• STUDENT ACTIVITIES CENTER: This is a large open building utilized primarily for the Theater Program and activities.  It is equipped at the main entry point with the electronic access control swipe card system.  This building is equipped with closed-circuit television and has the security red phone system available at the main entry (southeast entry lobby to the building).
• VAN ACKEREN HALL: This is a classroom/office building. It houses classrooms, labs, faculty offices, the campus Learning Center, and certain administrative offices.  It is equipped with an electronic access control swipe card system. Panic alarms are available in selected offices.  The security red phone system is located on both the exterior and interior of this building. Closed-circuit television is also installed in Van Ackeren Hall and is monitored by the security dispatch office.

Students and employees are asked to be alert and to not circumvent practices and procedures that are meant to preserve their safety and that of others:

• Do not prop doors open or allow strangers into campus buildings that have been secured
• Do not lend keys or access cards to non-students and do not leave them unattended
• Do not give access codes to anyone who does not belong to the campus community

Keys to the offices, laboratories, and classrooms on campus will be issued to employees only as needed and after receiving the proper authorization. Each department supervisor is responsible for assuring his/her area is secured and locked.

Employee and student identification cards may be used to verify the identity of persons suspected to be in campus facilities without permission.

Security Considerations in the Maintenance of Facilities

Every building at Rockhurst, both residential and non-residential, are inspected daily for problems related to lighting, locks, closed-circuit television, access control (both traditional keys/locks and electronic applications). These inspections include checking the red phone system for proper operability.  Any discrepancy is reported via the security report system to the physical plant or telecom office. A work order is generated, and when work is complete, security is notified. Any security concern of an immediate nature such as a broken lock, broken or missing windows, red or blue phone problems, or any problem deemed to need immediate attention is reported to the Physical Plant’s on-call staff or the Department of Safety and Security Technical Sergeant. Repairs and replacement are then taken care of quickly.

Educational Programs Related to Security Awareness and Prevention of Criminal Activity

The University seeks to enhance the security of its campus and the members of the campus community by periodically presenting educational programs to inform students and employees about campus security procedures and practices, to encourage students and employees to be responsible for their own security and the security of others and to inform them about the prevention of crimes. These programs are discussed below.

• • The Department of Safety and Security provides two types of educational programs for the students, faculty, and staff. One of these programs is designed to inform students and employees about campus security procedures and practices and to encourage students to be responsible for their safety. These programs are presented by the Department of Safety and Security each semester during student orientations and with the Human Resources Department during new hire orientations., and they are accompanied by brochures with information related to the topic covered.
  • How to contact the Department of Safety and Security. Also includes security authority, training, and issues related to security operations.
  • When to contact, which includes reporting criminal victimization, witness information, suspicious persons and activity, asking general questions to clarify security questions and concerns, statistical data.
  • Specific risk-reducing measures-walking in pairs, not leaving property visible in cars, parking in well-lighted areas.
  • Requested programs: self-defense, sexual assault prevention measures, police department programs on crime prevention and how to reduce risk. These programs can be requested and scheduled through student development or security.
  • Other content related to security, such as:
    • Identifying suspicious persons, activity, and vehicles:
    • Techniques for reporting descriptions of persons.
    • Identifying what suspicious persons and activity mean; actions of, not personal traits such as race, gender, nationality.
    • Witnessing a crime or incident such as an auto accident or safety concerns.
    • How and why the Department of Safety and Security functions, its mission, and methods of accomplishment.
    • Security role in crisis management and what the campus community does to participate in the many different crises that may arise; for example, active shooter, bomb threats, weather crisis, fires, and so on.
• The second category of educational programming is designed to inform students and employees about the prevention of crimes.  These programs are conducted in person, brochures, and audio-visual media.  This information is presented at new hire orientations and during student orientation at the start of each semester, in the residence halls once per academic year, and on-demand:
  • Emphasis is on demonstrating how to implement the basic tenets of crime prevention for all members of the campus community
  • Teaching the definition of crime prevention and then showing how the definition can be applied to reducing or eliminating crime risk in our daily lives and activities on campus.
  • Crime prevention is shown to help reduce the risk of becoming a victim of any crime; property, or personal crimes.
  • o These crime prevention educational techniques are reiterated throughout the basic introductory campus orientations and throughout the academic year in the residence halls and to faculty and staff during regular educational emails.

Monitoring Off-Campus Locations of Recognized Student Organizations

The University monitors and records, through local police agencies, any criminal activity in which students have engaged at off-campus locations of student organizations officially recognized by the University, including student organizations with off-campus housing facilities.

Disclosure of the Outcome of a Crime of Violence or Non-Forcible Sex Offense

Upon written request, the University will disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the University against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of the paragraph.

The previous paragraph does not apply to victims of dating violence, domestic violence, sexual assault, or stalking because, under the Violence Against Women Act, both the accused and accuser in these cases are given the results without the need to make a written request.
 

Drug and Alcohol Policy

Rockhurst University is committed to creating and maintaining an environment that is free of alcohol abuse.  The University prohibits the possession, use, and sale of alcoholic beverages on-campus or as any part of the University's activities, unless it is done so in accordance with applicable University policies, and it also enforces the state's underage drinking laws.

The University also enforces federal and state drug laws.  The possession, sale, manufacture or distribution of illegal drugs is prohibited under both state and federal laws.  Violators of the University's policies or federal and state laws regarding illegal drugs will be subject to disciplinary action and possible criminal prosecution.

Federal Drug Laws

• Denial of Federal Benefits (21 U.S.C. 862) A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions, successful completion of a drug treatment program, including periodic testing, and appropriate community service, or any combination of the three.
• Forfeiture of Personal Property and Real Estate (21 U.S.C. 853) Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued, and property is seized at the time an individual is arrested on charges that may result in forfeiture.
• Federal Drug Trafficking Penalties (21 U.S.C. 841)

  Penalties for federal drug trafficking convictions vary according to the type and quantity of the controlled substance involved in the transaction. Penalties for subsequent convictions are more severe. In the case of a controlled substance in schedule I or schedule II, GHB, or flunitrazepam, a person shall be sentenced to a term of imprisonment of not more than 20 years. If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces the possibility of a life sentence and fines ranging up to $10 million. In the case of a controlled substance in schedule III, a person shall be sentenced to a term of imprisonment of not more than 10 years, and if death or serious bodily injury results, shall be sentenced to a term of imprisonment of not more than 15 years or a fine not to exceed $500,000, or both, for a first offense.

  For less than 50 kilograms of marijuana, the term of imprisonment shall not be more than five years, and the fine shall not be more than $250,000, or both, for a first offense.

  In the case of a schedule IV substance, the term of imprisonment shall not be more than five years, and the fine shall not be more than $250,000, or both, for a first offense.

  Persons convicted on federal charges of drug trafficking within 1,000 feet of an elementary school, secondary school, college, or university (21 U.S.C. § 860) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year, unless the offense involves five grams or less of marijuana.

• Federal Drug Possession Penalties (21 U.S.C. 844) Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.

Drug and Alcohol State Laws

Timely Warning

Category	Summary (Missouri Revised Statutes)
Possession of Marijuana	The use of recreational marijuana is illegal, and possession for personal use of less than 10 grams for a first offense is a misdemeanor with a maximum fine of $500 and no jail time. For a second offense, the maximum fine is $2,000 and up to one year in jail. Possessing more than 35 grams is a felony with a maximum fine of $10,000 and up to 7 years in jail. See MO. REV. STAT. § 579.015. Medical marijuana for certain conditions is allowed, and up to four ounces may be purchased every 30 days. Mo. Code Regs. Ann. tit. 19, § 30-95.030.
Controlled Substances	Missouri statutes cover a wide range of offenses related to the possession and delivery of controlled substances. See MO. REV. STAT. §§ 579.015 – 579.040. Possession of a controlled substance, except thirty-five grams or less of marijuana, is a Class D felony, with a term of up to seven years and a fine up to $10,000. See MO. REV. STAT. § 579.015. Delivery of a controlled substance other than 35 grams or less of marijuana is a Class C felony, resulting in a prison term of not less than 3 years and not more than 10 years, and a fine up to $10,000. MO. REV. STAT. §§ 558.002, 558.011. As an example, someone possessing methamphetamine faces a prison term of 7 years and a fine up to $10,000. As an example, someone possessing methamphetamine faces a prison term of 7 years and a fine up to $10,000.
Alcohol and Minors	In Missouri, it is illegal for anyone under the age of 21 to possess, purchase, or attempt to purchase any intoxicating liquor, subject to a fine not to exceed $500. See MO. REV. STAT. § 311.325 (2019). A subsequent violation is a Class A misdemeanor, subject to a term of up to one year in jail and a fine not to exceed $2,000. Id. Anyone between 17–21 who represents that she/he is 21 for the purpose of obtaining intoxicating liquor is guilty of a misdemeanor. MO. REV. STAT. § 311.320 (2019). The use of a fake identification is subject to a $500 fine. Id. An attempt to purchase, or possession of alcohol, may also result in license suspension.
Driving Under the Influence (DUI)	A person is guilty of a DUI if the person has a blood alcohol concentration of 0.08 percent. A first offense results in a suspended license for 30 days and then a restricted license for 60 days, and may require a certified ignition interlock device. MO. REV. STAT. § 302.525 (2019). A second offense within five years results in a one-year restricted license and additional penalties.

Drug and Alcohol Abuse Prevention Program

The University has a drug and alcohol abuse and prevention program ("DAAPP") and conducts a biennial review of this program to evaluate its effectiveness.  For more information, see below.

• Alcohol and Drug Education
• Alcohol and Substance Abuse policies
• Biennial review DAAPP (available upon request from the Dean of Student's office)
   

Policies, Procedures, and Programs Related to Dating Violence, Domestic Violence, Sexual Assault, and Stalking

Consistent with applicable laws, the University prohibits dating violence, domestic violence, sexual assault, and stalking. The University's policy used to address complaints of this nature, as well as the procedures for filing, investigating, and resolving complaints, may be found at:

Rockhurst University Sexual Harassment Policy

The following sections of this report discuss the University's educational programs to promote the awareness of dating violence, domestic violence, sexual assault and stalking; provides information concerning procedures students and employees should follow and the services available in the event they do become a victim of one of these offenses, and advises students and employees of the disciplinary procedures that will be followed after an allegation that one of these offenses has occurred.

Sexual Harassment that occurs either off campus, in a private setting, and/or outside the scope of the University’s Education Programs and Activities and/or outside the geographic boundaries of the United States is governed by the Student Conduct Code if alleged to have been committed by a student, the Faculty Handbook if by a faculty member, the Employee Handbook if by a covered employee, or other applicable University policies and standards, including but not limited to the Rockhurst University’s Consensual Relationship Policy and Rockhurst University’s Non Discrimination Policy.

Primary Prevention and Awareness Program

The University conducts a Primary Prevention and Awareness Program (PPAP) for all incoming students and new employees, as well as annual training for third parties that work on our campus (i.e., certain vendors, volunteer coaching staff, etc. The PPAP advises campus community members that the University prohibits the offenses of dating violence, domestic violence, sexual assault, and stalking. They are also informed of the topics discussed below, including relevant definitions, risk reduction, and bystander intervention.

Crime Definitions

Crime Type (Missouri Revised Statues)	Definitions
Dating Violence	The institution has determined, based on good-faith research, that Missouri law does not define the term dating violence.
Domestic Violence	Missouri's protective order statutes provide the following definitions (Mo. Rev. Stat. § 455.010): "Domestic violence" is abuse or stalking committed by a family or household member. "Family" or "household member", [includes] spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time. In addition, Missouri criminal statutes include various degrees of the crime "Domestic Assault," as follows: Domestic Assault, First Degree (Mo. Rev. Stat. § 565.072): A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term "domestic victim" is defined under section 565.002. Mo Rev. Stat. § 565.002(6) indicates that a "domestic victim" is a household or family member as the term "family" or "household member" is defined in 455.010, including any child who is a member of the household or family. Domestic Assault in the Second Degree (Mo. Rev. Stat. § 565.073): A person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and he or she: (1) Knowingly causes physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument, or by choking or strangulation; or (2) Recklessly causes serious physical injury to such domestic victim; or (3) Recklessly causes physical injury to such domestic victim by means of any deadly weapon. Domestic Assault, Third Degree (Mo. Rev. Stat. § 565.074): A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim, as the term "domestic victim" is defined under section 565.002. Domestic Assault in the Fourth Degree (Mo. Rev. Stat. § 565.076): A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term "domestic victim" is defined under section 565.002, and: (1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim; (2) With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument; (3) The person purposely places such domestic victim in apprehension of immediate physical injury by any means; (4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim; (5) The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or (6) The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.
Stalking	Stalking, First Degree (Mo. Rev. Stat. § 565.225): A person commits the offense of stalking in the first degree if he or she purposely, through his or her course of conduct, disturbs or follows with the intent of disturbing another person and: (1) Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property. The threat shall be against the life of, or a threat to cause physical injury to, or the kidnapping of the person, the person's family or household members, or the person's domestic animals or livestock as defined in section 276.606 kept at such person's residence or on such person's property; or (2) At least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of such order; or (3) At least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; or (4) At any time during the course of conduct, the other person is seventeen years of age or younger and the person disturbing the other person is twenty-one years of age or older; or (5) He or she has previously been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim; or (6) At any time during the course of conduct, the other person is a participant of the address confidentiality program under sections 589.660 to 589.681, and the person disturbing the other person knowingly accesses or attempts to access the address of the other person. Stalking, Second Degree (Mo. Rev. Stat. § 565.227.1): A person commits the offense of stalking in the second degree if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another person. As used in the definitions of stalking above, the term "disturbs" shall mean to engage in a course of conduct directed at a specific person that serves no legitimate purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.
Sexual Assault	The institution has determined, based on good-faith research, that Missouri's criminal statutes do not define the term sexual assault. However, Missouri's protective order statutes indicate that "sexual assault" means causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent. (Mo. Rev. Stat. § 455.010(1)(e)).
Rape, Fondling, Incest, Statutory Rape	For purposes of the Clery Act, the term "sexual assault" includes the offenses of rape, fondling, incest, and statutory rape. These definitions under Missouri law are as follows: Rape in the First Degree (Mo. Rev. Stat. § 566.030.1): A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. Rape in the Second Degree (Mo. Rev. Stat. § 566.030.1): A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person knowing that he or she does so without that person's consent. Fondling: The institution has determined, based on good-faith research, that Missouri law does not define the term fondling. Incest (Mo. Rev. Stat. § 568.020.1): A person commits the offense of incest if he or she marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he or she knows to be, without regard to legitimacy, his or her: (1) Ancestor or descendant by blood or adoption; or (2) Stepchild, while the marriage creating that relationship exists; or (3) Brother or sister of the whole or half-blood; or (4) Uncle, aunt, nephew or niece of the whole blood. Statutory Rape, First Degree (Mo. Rev. Stat. § 566.032.1): A person commits the offense of statutory rape in the first degree if he or she has sexual intercourse with another person who is less than fourteen years of age. Statutory Rape, Second Degree (Mo. Rev. Stat. § 566.034.1): A person commits the offense of statutory rape in the second degree if being twenty-one years of age or older, he or she has sexual intercourse with another person who is less than seventeen years of age.
Other "sexual assault" crimes	Other crimes under Missouri law that may be classified as a "sexual assault" include the following: Sodomy in the First Degree (Mo. Rev. Stat. § 566.060.1): A person commits the offense of sodomy in the first degree if he or she has deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. Sodomy in the Second Degree (Mo. Rev. Stat. § 566.061.1): A person commits the offense of sodomy in the second degree if he or she has deviate sexual intercourse with another person knowing that he or she does so without that person's consent. Statutory Sodomy, First Degree (Mo. Rev. Stat. § 566.062.1): A person commits the offense of statutory sodomy in the first degree if he or she has deviate sexual intercourse with another person who is less than fourteen years of age. Statutory Sodomy, Second Degree (Mo. Rev. Stat. § 566.064.1): A person commits the offense of statutory sodomy in the second degree if being twenty-one years of age or older, he or she has deviate sexual intercourse with another person who is less than seventeen years of age. Child Molestation, First Degree (Mo. Rev. Stat. § 566.067.1): A person commits the offense of child molestation in the first degree if he or she subjects another person who is less than fourteen years of age to sexual contact and the offense is an aggravated sexual offense. Child Molestation, Second Degree (Mo. Rev. Stat. § 566.068.1): A person commits the offense of child molestation in the second degree if he or she: (1) Subjects a child who is less than twelve years of age to sexual contact; or (2) Being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact and the offense is an aggravated sexual offense. Child Molestation, Third Degree (Mo. Rev. Stat. § 566.069.1): A person commits the offense of child molestation in the third degree if he or she subjects a child who is less than fourteen years of age to sexual contact. Child Molestation, Fourth Degree (Mo. Rev. Stat. § 566.071.1): A person commits the offense of child molestation in the fourth degree if, being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact. Sexual Misconduct Involving a Child (Mo. Rev. Stat. § 566.083.1): A person commits the offense of sexual misconduct involving a child if such person: (1) Knowingly exposes his or her genitals to a child less than fifteen years of age under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child; (2) Knowingly exposes his or her genitals to a child less than fifteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; (3) Knowingly coerces or induces a child less than fifteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child; or (4) Knowingly coerces or induces a child who is known by such person to be less than fifteen years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child. Sexual Misconduct, First Degree (Mo. Rev. Stat. § 566.093.1): A person commits the offense of sexual misconduct in the first degree if such person: (1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm; (2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or (3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person. Second Degree Sexual Misconduct (Mo. Rev. Stat. § 566.095.1): A person commits the offense of sexual misconduct in the second degree if he or she solicits or requests another person to engage in sexual conduct under circumstances in which he or she knows that such request or solicitation is likely to cause affront or alarm. Sexual Abuse in the First Degree (Mo. Rev. Stat. § 566.100.1): A person commits the offense of sexual abuse in the first degree if he or she subjects another person to sexual contact when that person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Sexual Abuse, Second Degree (Mo. Rev. Stat. § 566.101.1): A person commits the offense of sexual abuse in the second degree if he or she purposely subjects another person to sexual contact without that person's consent.
Consent (as it relates to sexual activity) (Mo. Rev. Stat. § 556.061(14))	Consent or lack of consent may be expressed or implied. Assent does not constitute consent if: (a) It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or (b) It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or (c) It is induced by force, duress or deception.

University Definition of Consent

In addition to the definition of consent under Missouri law, the University uses the following definition of consent for the purpose of determining whether a violation of its Sexual Harassment Policy has occurred: : “Consent” refers to words or actions that a reasonable person in the perspective of the Respondent would understand as agreement to engage in the sexual conduct at issue. A person who is Incapacitated is not capable of giving Consent.

Lack of consent is a critical factor in determining whether Sexual Harassment has occurred. As defined above:

• Consent is not passive and requires an affirmative, mutually understood, act or statement by each participant to engage in the specific sexual acts.  A verbal “no” constitutes lack of consent, even if it sounds insincere or indecisive.
• Consent is informed and freely given.  If unreasonable manipulation—or any kind of Coercion, physical force, or weapon—is used, there is no consent.
• If a person is mentally or physically incapacitated (as described below), there is no consent.
• If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent (Note:  In Missouri, the minimum age of consent for purposes of Statutory Rape is age 17 and no one under 14 years of age is considered capable of consent.)
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Consent can be withdrawn.  When consent is withdrawn, sexual activity must immediately stop.  A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent.
• Being in a romantic relationship with someone does not, in and of itself, imply consent to any form of sexual activity.  Even in the context of an ongoing relationship, consent must be sought and freely given for each specific sexual act.  Consent may be withdrawn at any time.  (Rockhurst University’s Consensual Relationship Policy outlines limitations on consensual romantic or intimate relationships between and among University employees, and between University employees and students).

Risk Reduction

1. Always practice sound crime prevention techniques. Some tips are discussed earlier in this report.
2. If you find yourself in a situation that makes you uncomfortable, get away from it by seeking out another person you know for support. You might also excuse yourself and let the person who is bothering you know that you are expected elsewhere; others are waiting for you.
3. You can withdraw consent to sexual activity at any time.  Do not be afraid to tell a sexual aggressor “NO” clearly and loudly.
4. Drink responsibly. Don’t accept drinks from others; even if you know them unless you can be sure of the contents.
5. Learn all you can about someone. This is one of the ways you can build trust.
6. Trust your instincts; act on them to avoid possible problems.
7. Attend large parties with friends you trust.  Watch out for your friends and ask that they watch out for you.
8. Report situations or person(s) that you find unusual or suspicious.
9. Be aware of someone trying to slip you an incapacitating “rape drug” like Rohypnol or GHB.

If you find yourself in the position of being the initiator of sexual behavior, these suggestions may help you to reduce your risk of being accused of sexual assault or another sexual crime:

1. Remember that you owe sexual respect to the other person.
2. Don’t make assumptions about the other person’s consent or about how far they are willing to go.
3. Remember that consent to one form of sexual activity does not necessarily imply consent to another form of sexual behavior.
4. If your partner expresses a withdrawal of consent, stop immediately.
5. Clearly communicate your sexual intentions so that the other person has a chance to clearly tell you their intentions.
6. Consider “mixed messages,” a clear sign that the other person is uncomfortable with the situation and may not be ready to progress sexually.
7. Don’t take advantage of someone who is really drunk or on drugs, even if they knowingly and intentionally put themselves in that state.  Further, don’t be afraid to step in if you see someone else trying to take advantage of a nearly incapacitated person.
8. Be aware of the signs of incapacitation, such as slurred speech, bloodshot eyes, vomiting, unusual behavior, passing out, staggering, etc.

It is also important to be aware of the warning signs of an abusive person.  Some examples include: past abuse; threats of violence or abuse; breaking objects; using force during an argument; jealousy; controlling behavior; quick involvement; unrealistic expectations; isolation; blames others for problems; hypersensitivity; cruelty to animals or children; “playful” use of force during sex; Jekyll-and-Hyde personality.

Bystander Intervention

1. Watch out for your friends and fellow community members-if you see someone who looks like they are in trouble, ask if they are okay.  If you see a friend doing something shady, say something.
2. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.
3. Speak up when someone discusses plans to take sexual advantage of another person.
4. Call the police when a person is yelling at or being physically abusive towards another, and it is not safe for you to interrupt.
5. Interject yourself into a conversation where another person seems unsafe to cause a distraction.
6. If you see someone you know, or you suspect may be in a situation that could lead to a problem, try to intercede by offering them an alternative; telling them you need to talk to them.
7. Refuse to leave the area (or call the police) if a person is trying to get you to leave so they can take advantage of another.
8. Speak up if someone says something offensive, derogatory, or abusive; let them know that the behavior is wrong and you don’t want to be around it. Don’t laugh at racist, sexist, homophobic jokes.  Challenge your peers to be respectful. Offer to drive an incapacitated friend home from a party.
9. Ensure that friends who are incapacitated do not leave the party or go to secluded places with others.
10. Believe someone who discloses a sexual assault, an abusive relationship, or experience with stalking or cyberstalking.
11. Be respectful of yourself and others. Make sure any sexual act is OK with your partner if you initiate.

Other Information Covered by the PPAP

The PPAP also provides information on possible sanctions and protective measures that may be imposed following a determination that an offense of dating violence, domestic violence, sexual assault, or stalking has occurred, an explanation of the disciplinary procedures that will be followed when one of these offenses is alleged, the rights of the parties in such a proceeding, available resources, and other pertinent information. Much of this information is set forth in the upcoming sections of this security report.

Ongoing Prevention and Awareness Campaign

The University also conducts an Ongoing Prevention and Awareness Campaign (OPAC) aimed at all students, employees, and third parties on our campus (i.e., certain vendors, regular volunteers, etc.). This campaign covers the same material as provided in the PPAP, but is intended to increase students' and employees' understanding of these topics and improve their skills for addressing the offenses of dating violence, domestic violence, sexual assault, and stalking.

PPAP and OPAC Programming Methods

The PPAP and OPAC are carried out in a variety of ways, using a range of strategies, and, as appropriate, targeting specific audiences throughout the University.  Methods include, but are not limited to online presentations, distribution of written materials, periodic email blasts, and guest speakers.  Specific examples of this programming include:

PPAP

• Student Life and Residence Life
  • Providing freshman and transfer students information on a wide variety of topics during their orientation phase. Includes training on sexual harassment (including sexual assault). This training is both prevention-oriented and what to do if the student becomes the victim of sexual violence.
  • Completion of the Get Inclusive “Voices for Change” online course. This material focuses on minimizing the risks associated with alcohol, drugs, and sexual violence.  The approach of the course is to create a healthy campus culture where students can feel comfortable, thrive, grow, and learn. This is a required online course.
  • Completion of Bringing in the Bystander Training which has the ultimate goal of preparing organizations/communities to implement a strategy of violence prevention that measurably reduces power-based personal violence (including sexual, domestic violence, dating violence, stalking, and bullying). The program is a four-hour “training” fashion to students by the Bringing in the Bystander committee comprised of members representing: Student Life, Campus Ministry, Residence Life, Student Retention, Office of Mission and Ministry, PRM, and several faculty from various disciplines. Once trained, students can implement the bystander lifestyle throughout their day and help spread the knowledge of the program to their peers.
• Department of Safety and Security
  • Providing freshman and transfer students information on a variety of security and crime prevention related topics:
    • Recognizing suspicious activity relevant to sexual assault and other crimes.
    • Reporting – how to, red phone, phone, cell phone 816-501-4010
    • Crime avoidance techniques the risks of sexual assault.
    • What to do if you become the victim of harassment; sexual assault, domestic violence, dating, and stalking. Includes you can report campus security authorities.
    • Security services are designed to deliver preventive efforts to the campus community.
• Title IX Office
  • Certain designated student workers, Resident Assistants, Desk Assistants, Greek Advisors,  Graduate Assistants, regular volunteers, and on-campus vendors are required to complete the  Employee course:  Title IX Clery Act Compliance online course, which covers Title IX and VAWA issues.  Additionally, Resident Assistants, Desk Assistants, and Resident Directors attended a live training on Title IX and VAWA issues and protocols for responding to reports of sexual  assault and VAWA crimes  prepared by the Title IX Coordinator.  Student Athletes take the online Voices for Change-Athlete module which covers Title IX and VAWA issues. New employees are required to watch a training video or attend live training on Title IX and VAWA issues prepared by the University’s legal counsel. Additionally, all employees, faculty, adjuncts, regular volunteers, designated student worker positions, Graduate Assistants, Greek Advisors and on-campus vendors receive annual Title IX training relating to sexual assault, domestic violence, dating violence, and stalking.
• Human Resource Office
  • New employees are given an orientation to the university by the Human Resources Department. Includes information on sexual harassment, (including sexual assault) that in the University’s Human Resources Manual. The data is prevention-oriented and instructive on how to report.

OPAC

• Offices in the Student Development Area of the University; residence life, counseling center provide programming on these areas of concern:
  • Resident Assistants in all residential living facilities conduct sexual assault-related programming as part of the first-semester programming model.
  • For 2020 these included programs on sexual assault prevention, awareness and what will be done to support individuals.
  • New students must take the “Get Inclusive Voices for Change” online course that deals with drinking, drugs, and sexual violence.
• The counseling center, although not having an ongoing, systematic campaign plan they have provided support and collaboration for the following related programs at various times (which are geared towards sexual assault awareness and prevention):
  • Take Back the Night
  • The Clothesline Project and
  • Denim Day
  • What you were wearing exhibit
• Title IX Office provides annual Title IX training relating to sexual assault, domestic violence, stalking, dating violence, and bystander intervention to certain designated student workers, Resident Assistants, Desk Assistants,  certain student volunteers, all employees, faculty, adjuncts, graduate assistants, regular volunteers, Greek Advisors, and on-campus vendors. The Title IX Office also provides annual Title IX Investigator training for first responders to sexual assault, domestic violence, dating violence, and stalking.
• Additionally, the University Counseling Center, the Student Development Office, including the Dean of Students’ Office, Residence Life, Student Activity office, the Title IX office, and Campus Ministry are available for assisting students working with issues of sexual assault. Residence Life Personnel (RA’s, RD’s) have been given training in how to assist with prevention training as well as how to respond to a student who has been victimized.  The Human Resource Department and Title IX Office provides similar assistance to the faculty and staff, and the Department of Safety and Security is available to all members of the campus community for program information.

Procedures to Follow if You Are a Victim of Dating Violence, Domestic Violence, Sexual Assault, or Stalking

If you are a victim of dating violence, domestic violence, sexual assault, or stalking, go to a safe place and call 911 or the Department of Safety and Security at 816-501-4010.   You may also contact the University’s Title IX Coordinator at 816-501-4036.

Victims will be notified in writing of the procedures to follow, including:

1. To whom and how the alleged offense should be reported (contact the Title IX Coordinator or refer to the other resources listed in this report).
2. The importance of preserving evidence that may be necessary to prove the offense in a criminal proceeding or disciplinary action or to obtain a protective order.
3. The victim’s options regarding notification to law enforcement, which are: (a) the option to notify either on-campus or local police; (b) the option to be assisted by campus security authorities in notifying law enforcement if the victim so chooses (the institution is obligated to comply with such a request if it is made); and (c) the option to decline to notify such authorities.
4. Where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

Preservation of Evidence & Forensic Examinations

Victims of physical assault are advised not to remove clothing items worn during or following an assault, as they frequently contain valuable fiber, hair, and fluid evidence. Don’t bathe or wash, or otherwise clean the environment in which the assault occurred. You can obtain a forensic examination at St. Luke’s Hospital of Kansas City, 4401 Wornall Road, Kansas City, MO 64111.

Completing a forensic examination does not require you to file a police report, but having a forensic examination will help preserve evidence if you decide at a later date to file a police report.

Victims are also advised to retain evidence in electronic formats (e.g., text messages, emails, photos, social media posts, screenshots, etc.). Such evidence is valuable in all situations, and it may be the only type of evidence available in instances of stalking.

Security/Law Enforcement & How to Make a Police Report

• Department of Safety and Security: 816-501-4010
• Kansas City Police Department: 1125 Locust St, Kansas City, MO 64106, 911 or 816-234-5000
• To make a police report, a victim should contact the local police agency listed above either by phone or in-person. The victim should provide as much information as possible, including name, address, and when and what occurred, to the best of the victim’s ability.

Information about Legal Protection Orders

• In Missouri, victims may obtain an Adult Order of Protection, which provides protective relief for victims of domestic violence, stalking, or sexual assault. Information about Adult Orders of Protection may be found at http://www.courts.mo.gov/page.jsp?id=533. 
• A protection order may be obtained by filing a petition with the court. Courts can issue two types of orders: (1) Ex Parte Orders, which act as a temporary emergency order to protect a victim, for up to 15 days, until a court hearing, and (2) Full Orders of Protection, which may be issued for up to one year. Additional information about the orders may be found at: http://www.courts.mo.gov/file.jsp?id=69655.  
  • A Petition for Order of Protection should be filed in the 16th Circuit of Jackson County’s Kansas City Courthouse. The address is:415 E. 12th Street, Kansas City, Missouri 64106. The phone number is 816-881-3971. More information is available here: https://www.16thcircuit.org/domestic-violence.
  • Information about obtaining an Order of Protection in Jackson County can be found here: https://www.16thcircuit.org/Data/Sites/1/media/Civil_Records/booklet-16.pdf. 
  • The circuit court clerk’s office can provide the necessary forms and may assist in completing the forms. Forms may also be found online at: http://www.courts.mo.gov/file.jsp?id=537.  A victim should be prepared to present documentation and/or other forms of evidence when filing for an order of protection. 
• Victims may contact local domestic violence and sexual assault advocates for assistance in obtaining a protection order.
  • The Kansas City, Missouri Police Department (KCPD) provides advocates for victims of domestic violence through their Victim Services Office. The KCPD is located at: 1125 Locust, Kansas City, Mo. 64106. The Victim Advocate's phone number is: 816- 234-5205. More information may be found at: https://www.kcpd.org/crime/victim-resources/.
  • The Metropolitan Agency to Counter Sexual Assault (MOCSA) provides victims with free counseling, hospital advocacy, and police advocacy. MOCSA is located at: 3100 Broadway, Suite 400, Kansas City, MO 64111, and has outreach sites throughout the Kansas City metro area. The phone number is: (312) 325-9155, and more information may be found at: http://mocsa.org/. The 24/7 crisis hotline phone number is: 816-531-0233.
• When a protection order is granted, it is enforceable statewide. If you have obtained a protection order and need it to be enforced in this area, you should contact the Kansas City, Missouri Police Department.
• The University will also enforce any temporary restraining order or other no-contact order against the alleged perpetrator from a criminal, civil, or tribal court. Any student or employee who has a protection order or no-contact order should notify the University’s Department of Safety and Security and/or Title IX Coordinator and provide a copy of the restraining order so that it may be kept on file with the Department of Safety and Security and can be enforced on campus, if necessary. Upon learning of any orders, the University will take all reasonable and legal action to implement the order.
• The University does not issue legal orders of protection.  However, as a matter of institutional policy, the University may impose a no-contact order between individuals in appropriate circumstances.   The University may also issue a “no trespass warning” if information available leads to a reasonable conclusion that an individual is likely to cause harm to any member of the campus community.  A person found to be in violation of a No Trespass Warning may be arrested and criminally charged.

Available Victim Services

Victims will be provided written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available to them, both within the University and in the surrounding community. Those services include:

1. The Rockhurst University Counseling Center thru the Department of Safety and Security dispatcher at (816) 501-4010 (you only need to give them your first name and a phone number to reach you). Or during regular hours at (816) 501-4275  Remember a counselor is always available during the regular school year.
2. Rockhurst Campus Ministry contact at (816) 501-4747, for pastoral counseling and support and can be reached through the Department of Safety and Security dispatch (816) 501-4010.
3. Residence Life for support and coordination of services. Contact your R/A, R/D, or the Director of Residence Life at (816) 501-4663. Can be reached through the Department of Safety and Security dispatch (816) 501-4010.
4. Dean of Students for support and advocacy through the campus judicial process. Can be reached through the Department of Safety and Security dispatch (816) 501-4010 or (816) 501-4127.
5. Sometimes victims of serious crimes feel the need to take a leave of absence from school. If this is being considered, be aware that financial aid may be affected. If you have questions about financial aid implications in such circumstances, contact the Director of Financial Aid at (816) 501-4831. The Title IX Coordinator can help facilitate this conversation as well.
6. Saint Luke’s Hospital of Kansas City, 4401 Wornall Road, Kansas City, MO 64111
7. Metropolitan Organization to Counter Sexual Assault (MOCSA) is available 24 hours per day 7 days per week--their HOTLINE IS (816) 531-0233, free, confidential crisis counseling; support groups, during medical exams; advocacy and guidance in reporting the crime to the police and in navigating the judicial process. Visit www.mocsa.org for more information.
8. Jackson County Mental Health Services
9. Missouri Coalition against Domestic and Sexual Violence
10. National Domestic Violence Hotline: 1.800.799.7233
11. National Sexual Assault Hotline: 1.800.656.4673
12. Legal Services of Missouri
13. Immigration Advocates Network
14. U.S. Citizenship and Immigration Services 

Accommodations and Protective Measures

The University will provide written notification to victims about options for, and available assistance in, changing academic, living, transportation, and working situations or protective measures. If victims request these accommodations or protective measures and they are reasonably available, the University is obligated to provide them, regardless of whether the victim chooses to report the crime to campus security or local law enforcement.

Requests for accommodations or protective measures relating to sexual assault, domestic violence, dating violence, or stalking (which are sexual in nature) should be made to the Title IX Coordinator at (816) 501-4036, and the Title IX Coordinator is responsible for deciding what if any, accommodations or protective measures will be implemented.

When determining the reasonableness of such a request, the University may consider, among other factors, the following:

• The specific need expressed by the complainant.
• The age of the students involved.
• The severity or pervasiveness of the allegations
• Any continuing effects on the complainant
• Whether the complainant and alleged perpetrator share the same class or job location.
• Whether other judicial measures have been taken to protect the complainant (e.g., civil protection orders).

The University will maintain as confidential any accommodations or protective measures provided a victim to the extent that maintaining confidentiality would not impair the University’s ability to provide them. However, there may be times when certain information must be disclosed to a third party in order to implement the accommodation or protective measure. Such decisions will be made by the University in light of the surrounding circumstances, and disclosures of this nature will be limited so that only the information necessary to implement the accommodation or protective measure is provided. In the event it is necessary to disclose information about a victim in order to provide an accommodation or protective order, the University will inform the victim of that necessity prior to the disclosure, including which information will be shared, with whom it will be shared, and why.

Procedures for Disciplinary Action

All allegations of dating violence, domestic violence, sexual assault, or stalking at Rockhurst University are funneled to the Title IX Coordinator and/or Deputy Title IX Coordinators if such complaints are not made to them initially.  All University employees (except certain designated confidential resources) have a duty to report incidents of this nature to the Title IX Coordinator and/or a Deputy Title IX Coordinator whenever they witness or become aware of them, and the employees have received training informing them of this responsibility.

The University has designated the following Title IX Coordinator to coordinate its compliance with Title IX and to receive inquiries regarding Title IX, including complaints of sex discrimination.  The name and contact information for the Title IX Coordinator is:

Kimberly Brant Schmelzle
Director of Compliance and Risk Management/Title IX Coordinator
Conway 102
1100 Rockhurst Road
Kansas City, MO 641110
816‑501‑4036
TitleIX@rockhurst.edu

The University has designated three Deputy Title IX Coordinator for Students and a Deputy Title IX Coordinator for Employees.  The Deputy Title IX Coordinators are available to receive inquiries regarding Title IX, including complaints of sex discrimination, when the Title IX Coordinator is unavailable, if a person is more comfortable engaging with one of the Deputies, or if the Title IX Coordinator has a conflict of interest.  The names and contact information for the Deputy Title IX Coordinators are as follows:

Dr. Matthew Quick
Vice President & Dean of Students/Deputy Title IX Coordinator for Students
Massman Hall, Room 1
816‑501‑4030
TitleIX@rockhurst.edu

Barbra Upton‑Garvin
Director of Human Resources/Deputy Title IX Coordinator for Employees
Conway 102
816‑501‑4555
TitleIX@rockhurst.edu

Marcia Ladage, MLA
Associate Dean for Students and Families
& Deputy Title IX Coordinator
Westport Campus, Rm 2Q61;
Troost Campus, Massman Hall Room 3
816‑936‑8716
TitleIX@rockhurst.edu

Once such an allegation is brought to the attention of the Title IX Coordinator and/or a Deputy Title IX Coordinator, a preliminary evaluation is made to determine whether the alleged conduct is sexual in nature. All allegations of sexual assault and allegations of dating violence, domestic violence, and stalking that are sexual in nature will be processed through the University’s Sexual Harassment Policy. Allegations of dating violence, domestic violence, and stalking that are not sexual in nature are processed.

Under the  Sexual Harassment Policy, after receiving a report of Sexual Harassment, the Title IX Coordinator will conduct a preliminary assessment to determine:

• Whether the conduct, as reported, falls or could fall within the scope of this policy; and
• Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.

If the Title IX Coordinator determines that the conduct reported could not fall within the scope of this policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter and may notify the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”).  The Title IX Coordinator may refer the report to other University offices, as appropriate.

If the Title IX Coordinator determines that the conduct reported could fall within the scope of this policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant. 

A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the University investigate and adjudicate a report of Sexual Harassment.  Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the University’s Education Programs or Activities or be a part-time or full-time employee or faculty member of the University.

In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the University if doing so is not clearly unreasonable.  Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University Community.  Factors the Title IX Coordinator may consider include (but are not limited to):  (a) was a weapon involved in the incident; (b) were multiple assailants involved in the incident; (c) is the accused a repeat offender; and (d) does the incident create a risk of occurring again.

If the Complainant or the Title IX Coordinator files a Formal Complaint, then the University will commence an investigation and proceed to adjudicate the matter.  In all cases where a Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation.

In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.

If a Formal Complaint is transmitted to the parties, an investigator is selected by the Title IX Coordinator or the Title IX Coordinator him/herself will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory evidence (which implies or tends to establish responsibility for a violation of this policy as alleged) and exculpatory evidence (which implies or tends to establish a lack of responsibility for a violation of this policy as alleged).  The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the University and not with the parties.  The investigation will culminate in a written investigation report that will be submitted to the adjudicator during the selected adjudication process.  Although the length of each investigation may vary depending on the totality of the circumstances, the University strives to complete each investigation within sixty (60) days of the transmittal of the written notice of Formal Complaint.

Within a reasonably prompt time period (not to exceed ten (10) days) of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes certain information as set forth in the policy. 

During the investigation, the investigator will provide an equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence.  The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint.  A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.

At the conclusion of the evidence‑gathering phase of the investigation, but prior to the completion of the investigation report, the investigator will transmit to each party and their advisor, in either electronic or hard copy form, all evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including (1) evidence on which the University may choose not to rely at any hearing and (2) inculpatory or exculpatory evidence whether obtained from a party or some other source.  The parties will have ten (10) days in which to submit to the investigator a written response, which the investigator will consider prior to completing the investigation report.  The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not duplicate or disseminate the evidence to the public.

After the period for the parties to provide any written response has expired, the investigator will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree.  When the investigation report is complete, the investigator will transmit a copy to the Title IX Coordinator.  The investigator will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form.

After the investigator has sent the investigation report to the parties, the Title IX Coordinator will transmit to each party a notice advising the party of the two different adjudication processes.  The notice will explain that the hearing process is the default process for adjudicating all Formal Complaints and will be utilized unless both parties voluntarily consent to administrative adjudication as a form of informal resolution.  The notice will be accompanied by a written consent to administrative adjudication and will advise each party that, if both parties execute the written consent to administrative adjudication, then the administrative adjudication process will be used in in lieu of the hearing process.  Parties are urged to carefully review the policy, consult with their advisor, and consult with other persons as they deem appropriate (including an attorney) prior to consenting to administrative adjudication.

Each party will have three (3) days from transmittal of the notice to return the signed written consent form to the Title IX Coordinator.  If either party does not timely return the signed written consent, that party will be deemed not to have consented to administrative adjudication and the Formal Complaint will be adjudicated pursuant to the hearing process.

After selection of the hearing process as the form of adjudication, the Title IX Coordinator will promptly appoint a hearing officer who will oversee the hearing process and render a determination of responsibility for the allegations in the Formal Complaint, at the conclusion of the hearing process.  The Title IX Coordinator will see that the hearing officer is provided a copy of the investigation report and a copy of all evidence transmitted to the parties by the investigator.

After the hearing officer is appointed by the Title IX Coordinator, the hearing officer will promptly transmit written notice to the parties notifying the parties of the hearing officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; setting a date for the pre‑hearing conference; setting a date and time for the hearing; and providing a copy of the University’s Hearing Procedures.  Neither the pre‑hearing conference, nor the hearing itself, may be held any earlier than ten (10) days from the date of transmittal of the written notice. 

Prior to the hearing, the hearing officer will conduct a pre‑hearing conference with the parties and their advisors.  The pre‑hearing conference will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors.  By default, the pre‑hearing conference will be conducted with the hearing officer, the parties, the advisors, and other necessary University personnel together in the same physical location.  However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

In the hearing officer’s discretion, the pre‑hearing conference may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

During the pre‑hearing conference, the hearing officer will discuss the Hearing Procedures with the parties; address matters raised in the parties’ written responses to the investigation report, as the hearing officer deems appropriate; discuss whether any stipulations may be made to expedite the hearing; discuss the witnesses the parties have requested be served with notices of attendance and/or witnesses the parties plan to bring to the hearing without a notice of attendance; and resolve any other matters that the hearing officer determines, in the hearing officer’s discretion, should be resolved before the hearing.

After the pre‑hearing conference, the hearing officer will transmit notices of attendance to any University employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness.  The notice will advise the subject of the specified date and time of the hearing and advise the subject to contact the hearing officer immediately if there is a material and unavoidable conflict.

After the pre‑hearing conference, the hearing officer will convene and conduct a hearing pursuant to the University’s Hearing Procedures.  The hearing will be audio recorded.  The audio recording will be made available to the parties for inspection and review on reasonable notice, including for use in preparing any subsequent appeal.

The hearing will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors.  By default, the hearing will be conducted with the hearing officer, the parties, the advisors, witnesses, and other necessary University personnel together in the same physical location.  However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

Except as otherwise permitted by the hearing officer, the hearing will be closed to all persons except the parties, their advisors, the investigator, the hearing officer, the Title IX Coordinator, and other necessary University personnel.  With the exception of the investigator and the parties, witnesses will be sequestered until such time as their testimony is complete.  During the hearing, the parties and their advisors will have access to the investigation report and evidence that was transmitted to them.

While a party has the right to attend and participate in the hearing with an advisor, a party and/or advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the hearing officer.

Subject to the minimum requirements specified in this Section, the hearing officer will have sole discretion to determine the manner and particulars of any given hearing, including with respect to the length of the hearing, the order of the hearing, and questions of admissibility.  The hearing officer will independently and contemporaneously screen questions for relevance in addition to resolving any contemporaneous objections raised by the parties and will explain the rational for any evidentiary rulings.

In the event that any party or witness refuses to attend the hearing, or attends but refuses to submit to questioning by the parties’ advisors, the statements of that party or witness, as the case may be, whether given during the investigation or during the hearing, will not be considered by the hearing officer in reaching a determination of responsibility.

The hearing officer will not draw an inference about the determination regarding responsibility based solely on a party or a witness’s absence from the live hearing and/or refusal to submit to questioning by the parties’ advisors.

After the hearing is complete, the hearing officer will objectively evaluate all relevant evidence collected during the investigation, including both inculpatory and exculpatory evidence, together with testimony and non‑testimony evidence received at the hearing, and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The hearing officer will take care to exclude from consideration any evidence that was ruled inadmissible at the pre‑hearing conference, during the hearing, or by operation of “Subjection to Questioning.” The hearing officer will resolve disputed facts using a preponderance of the evidence (that is, “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of this policy as alleged in the Formal Complaint.

In the event the hearing officer determines that the Respondent is responsible for violating this policy, the hearing officer will, before issuing a written decision, consult with an appropriate University official with disciplinary authority over the Respondent and such official will determine any discipline to be imposed.  The hearing officer will also, before issuing a written decision, consult with the Title IX Coordinator who will determine whether and to what extent ongoing support measures or other remedies will be provided to the Complainant.

After reaching a determination and consulting with the appropriate University official and Title IX Coordinator as required by “Discipline and Remedies,” the hearing officer will prepare a written decision. The hearing officer’s written determination will be transmitted to the parties.  This transmission concludes the hearing process, subject to any right of appeal.

Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the University strives to issue the hearing officer’s written determination within fourteen (14) days of the conclusion of the hearing.

Either party may appeal the determination of an adjudication, or a dismissal of a Formal Complaint, on certain listed grounds.  one or more of the following grounds:

• A procedural irregularity affected the outcome;
• There is new evidence that was not reasonably available at the time the determination or dismissal was made that could have affected the outcome;
• The Title IX Coordinator, investigator, hearing officer, or administrative officer, as the case may be, had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome.

No other grounds for appeal are permitted.

A party must file an appeal within seven (7) days of the date they receive notice of dismissal or determination appealed from or, if the other party appeals, within five (5) days of the other party appealing, whichever is later.  The appeal must be submitted in writing to the designated appeal officer.  When the case involves a faculty respondent, the appeal officer is the Chief Financial Officer (Gerald Moench, Gerald.Moench@Rockhurst.edu).  In all other situations, the appeal officer is the Provost and Senior Vice President for Academic Affairs (Dr. Douglas Dunham, Douglas.Dunham@Rockhurst.edu).  When an absence or conflict of interest makes it impossible for the designated appeal officer to resolve the appeal, the other appeal officer may resolve the appeal in place of the designated appeal officer.  Either appeal officer may also designate this responsibility to another administrator should both appeal officers be absent or have a conflict of interest.  The appeal must specifically identify the determination and/or dismissal appealed from, articulate which one or more of the three grounds for appeal are being asserted, explain in detail why the appealing party believes the appeal should be granted, and articulate what specific relief the appealing party seeks.

Promptly upon receipt of an appeal, the appeal officer will conduct an initial evaluation to confirm that the appeal is timely filed and that it invokes at least one of the permitted grounds for appeal.  If the appeal officer determines that the appeal is not timely, or that it fails to invoke a permitted ground for appeal, the appeal officer will dismiss the appeal and provide written notice of the same to the parties.

If the appeal officer confirms that the appeal is timely and invokes at least one permitted ground for appeal, the appeal officer will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within seven (7) days.  The appeal officer shall also promptly obtain from the Title IX Coordinator any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.

Upon receipt of any opposition, or after the time period for submission of an opposition has passed without one being filed, the appeal officer will promptly decide the appeal and transmit a written decision to the parties that explains the outcome of the appeal and the rationale.

The determination of a Formal Complaint, including any discipline, becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the appeal officer has resolved all appeals, either by dismissal or by transmittal of a written decision.

No further review beyond the appeal is permitted.

Although the length of each appeal will vary depending on the totality of the circumstances, the University strives to issue the appeal officer’s written decision within thirty (30) days of an appeal being filed.

This is a summary of procedures under the Sexual Harassment Policy, and a full description of these procedures can be found at https://www.rockhurst.edu/about/human-resources/sexual-misconduct-prevention-response/policy.

I.                       POLICY STATEMENT

Consistent with the University’s Non‑Discrimination Notice and the U.S. Department of Education’s implementing regulations for Title IX of the Education Amendments of 1972 (“Title IX”) (see 34 C.F.R. § 106 et seq.), the University prohibits Sexual Harassment that occurs within its education programs and activities.

For purposes of this policy, Sexual Harassment includes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking.

Administrators, faculty member, staff, students, contractors, guests, and other members of the University community who commit Sexual Harassment are subject to the full range of University discipline including verbal reprimand; written reprimand; mandatory training, coaching, or counseling; mandatory monitoring; partial or full probation; partial or full suspension; fines; permanent separation from the institution (that is, termination or dismissal); physical restriction from University property; cancellation of contracts; and any combination of the same.

The University will provide persons who have experienced Sexual Harassment ongoing remedies as reasonably necessary to restore or preserve access to the University’s Education Programs and Activities.

II.                     SCOPE

This policy applies to Sexual Harassment that occurs within the University’s Education Programs and Activities and that is committed by an administrator, faculty member, staff, student, contractor, guest, or other member of the University community.

This policy does not apply in the following situations:

• Sexual Harassment that occurs off‑campus, in a private setting, and/or outside the scope of the University’s Education Programs and Activities.
• Sexual Harassment that occurs outside the geographic boundaries of the United States, even if the Sexual Harassment occurs in the University’s Education Programs and Activities, such as a study abroad program.

Sexual Harassment that occurs either off‑campus, in a private setting, and/or outside the scope of the University’s Education Programs and Activities and/or outside the geographic boundaries of the United States is governed by the Student Conduct Code if alleged to have been committed by a student, the Faculty Handbook if by a faculty member, the Employee Handbook if by a covered employee, or other applicable University policies and standards, including but not limited to the Rockhurst University’s Consensual Relationship Policy and Rockhurst University’s Non‑Discrimination Policy.

III.                   DEFINITIONS

 

A.            “Complainant” is an alleged victim of Sexual Harassment.

B.             “Respondent” is a person alleged to have perpetrated Sexual Harassment.

C.            “Sexual Harassment” is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.

D.            “Quid Pro Quo Sexual Harassment” is an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact.

E.             “Hostile Environment Sexual Harassment” is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s Education Programs and Activities.

F.             “Sexual Assault” includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.[1]

1.              “Rape” is the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.  There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sexual organ of the other person.  Attempted Rape is included.

2.              “Sodomy” is oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

3.              “Sexual Assault with an Object” is using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.  An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.

4.             “Fondling” is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

5.              “Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Missouri law.

6.              “Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent as defined by Missouri law.

G.            “Domestic Violence” is felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Missouri, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Missouri.

H.            “Dating Violence” is violence committed by a person –

I.              Who is or has been in a social relationship of a romantic or intimate nature with the victim; and

J.              Where the existence of such a relationship will be determined based on a consideration of the following factors:

·               The length of the relationship

·               The type of relationships; and

·               The frequency of interaction between the persons involved in the relationship.

K.            “Stalking” is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

·               Fear for their safety or the safety of others; or

·               Suffer substantial emotional distress.

L.            “Consent” refers to words or actions that a reasonable person in the perspective of the Respondent would understand as agreement to engage in the sexual conduct at issue.  A person who is Incapacitated is not capable of giving Consent.

M.           "“Coercion” is direct or implied threat of force, violence, danger, hardship, or retribution sufficient to persuade a reasonable person of ordinary susceptibility to perform an act which otherwise would not have been performed or acquiesce in an act to which one would otherwise not have submitted.  Coercion can include unreasonable and sustained pressure for sexual activity.

N.             Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  A person’s words or conduct cannot amount to Coercion for purposes of this policy unless they wrongfully impair the other’s freedom of will and ability to choose whether or not to engage in sexual activity.

O.            “Retaliation” is intimidation, Coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured by Title IX and its implementing regulations or because an individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy.

P.            “Complainant” means an individual who is alleged to be the victim of conduct that could constitute Sexual Harassment.

Q.             “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute Sexual Harassment.

R.            “Formal Complaint” means a document filed by a Complainant or signed by the Title IX Coordinator alleging Sexual Harassment against a Respondent and requesting that the University investigate the allegation of Sexual Harassment in accordance with this policy.  At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in the University’s education programs and activities.  A “document filed by a Complainant” means a document or electronic submission (such as an email) that contains the Complainant’s physical or electronic signature or otherwise indicates that the Complainant is the person filing the Complaint.

S.            “Supportive Measures” are non‑disciplinary, non‑punitive individualized services offered, as appropriate, and reasonably available, and without fee or charge, that are designed to restore or preserve equal access to the University’s Education Programs and Activities without unreasonably burdening another party, including measures designed to protect the safety of all parties implicated by a report or the University’s education environment, or to deter Sexual Harassment.  Supportive measures may include:  counseling, extensions of academic or other deadlines, course‑related adjustments, modifications to work or class schedules, campus escort services, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of campus, and other similar measures.  Supportive Measures may also include mutual restrictions on contact between the parties implicated by a report.

T.            “Education Programs and Activities” refers to all the operations of the University, including, but not limited to, in‑person and online educational instruction, employment, research activities, extracurricular activities, athletics, residence life, dining services, performances, and community engagement and outreach programs.  The term applies to all activity that occurs on campus or on other property owned or occupied by the University.  It also includes off‑campus locations, events, or circumstances over which the University exercises substantial control over the Respondent and the context in which the Sexual Harassment occurs, including Sexual Harassment occurring in any building owned or controlled by a student organization that is officially recognized by the University.

IV.                   UNDERSTANDING HOSTILE ENVIRONMENT SEXUAL HARASSMENT

In determining whether a hostile environment exists, the University will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the Complainant; the nature and severity of the conduct at issue; the frequency and duration of the conduct; the relationship between the parties (including accounting for whether one individual has power or authority over the other); the respective ages of the parties; the context in which the conduct occurred; and the number of persons affected.  The University will evaluate the totality of circumstances from the perspective of a reasonable person in the Complainant’s position.  A person’s adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment.

The University encourages members of the University Community to report any and all instances of Sexual Harassment, even if they are unsure whether the conduct rises to the level of a policy violation.

Some specific examples of conduct that may constitute Sexual Harassment if unwelcome include, but are not limited to:

• Unreasonable pressure for a dating, romantic, or intimate relationship or sexual contact
• Unwelcome kissing, hugging, or massaging
• Sexual innuendos, jokes, or humor
• Displaying sexual graffiti, pictures, videos, or posters
• Using sexually explicit profanity
• Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities
• E‑mail, internet, or other electronic use that violates this policy
• Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin
• Sending sexually explicit emails, text messages, or social media posts
• Commenting on a person’s dress or body in a sexual manner
• Giving unwelcome personal gifts such as lingerie that suggest the desire for a romantic relationship
• Insulting, demeaning, or degrading another person based on gender or gender stereotypes.

V.                     UNDERSTANDING CONSENT AND INCAPACITATION

A.            Consent

Lack of consent is a critical factor in determining whether Sexual Harassment has occurred.  As defined above:

• Consent is not passive and requires an affirmative, mutually understood, act or statement by each participant to engage in the specific sexual acts.  A verbal “no” constitutes lack of consent, even if it sounds insincere or indecisive.
• Consent is informed and freely given.  If unreasonable manipulation—or any kind of Coercion, physical force, or weapon—is used, there is no consent.
• If a person is mentally or physically incapacitated (as described below), there is no consent.
• If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent (Note:  In Missouri, the minimum age of consent for purposes of Statutory Rape is age 17 and no one under 14 years of age is considered capable of consent.)
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Consent can be withdrawn.  When consent is withdrawn, sexual activity must immediately stop.  A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent.
• Being in a romantic relationship with someone does not, in and of itself, imply consent to any form of sexual activity.  Even in the context of an ongoing relationship, consent must be sought and freely given for each specific sexual act.  Consent may be withdrawn at any time.  (Rockhurst University’s Consensual Relationship Policy outlines limitations on consensual romantic or intimate relationships between and among University employees, and between University employees and students).

B.             Incapacitation

Incapacitation is a state where an individual cannot make an informed and rational decision to consent to engage in sexual contact because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the “who, what, where, when, why or how” of the sexual interaction) and/or is physically or mentally helpless.  An individual is also considered incapacitated, and therefore unable to give consent, when asleep, unconscious, or otherwise unaware that sexual contact is occurring.

Incapacitation can only be found when the Respondent knew or should have known that the Complainant was incapacitated when viewed from the position of a reasonable person.  One’s own intoxication is not an excuse for failure to recognize another person’s incapacitation.

Incapacitation may result from the use of alcohol and/or other drugs; however, consumption of alcohol of other drugs, inebriation, or intoxication alone are insufficient to establish incapacitation. Incapacitation is beyond mere drunkenness or intoxication.  The impact of alcohol or drugs varies from person to person, and evaluating incapacitation requires an assessment of how consumption of alcohol and/or drugs impacts an individual’s:

• Decision‑making ability
• Awareness of consequences
• Ability to make informed judgments
• Capacity to appreciate the nature of circumstances of the act.

No single factor is determinative of incapacitation.  Some common signs that someone may be incapacitated include slurred speech, confusion, shaky balance, stumbling or falling down, vomiting, and unconsciousness.

VI.                   REPORTING SEXUAL HARASSMENT

A.            Reporting Generally

Any person may report Sexual Harassment to the Title IX Coordinator.  Reports may be made in person, by regular mail, telephone, electronic mail, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.  In‑person reports must be made during normal business hours, but reports can be made by regular mail, telephone, or electronic mail at any time, including outside normal business hours.

The University has designated the following Title IX Coordinator to coordinate its compliance with Title IX and to receive inquiries regarding Title IX, including complaints of sex discrimination.  The name and contact information for the Title IX Coordinator is:

 

Kimberly Brant Schmelzle

Director of Compliance and Risk Management/Title IX Coordinator

Conway 102

1100 Rockhurst Road

Kansas City, MO 641110

816‑501‑4036
TitleIX@rockhurst.edu

 

The University has designated two Deputy Title IX Coordinator for Students and a Deputy Title IX Coordinator for Employees.  The Deputy Title IX Coordinators are available to receive inquiries regarding Title IX, including complaints of sex discrimination, when the Title IX Coordinator is unavailable, if a person is more comfortable engaging with one of the Deputies, or if the Title IX Coordinator has a conflict of interest.  The names and contact information for the Deputy Title IX Coordinators are as follows:

Dr. Matthew Quick

Vice President & Dean of Students/Deputy Title IX Coordinator for Students

Massman Hall, Room 1

816‑501‑4030
TitleIX@rockhurst.edu

Jackie Michaels

Director of Human Resources/Deputy Title IX Coordinator for Employees

Conway 102

816‑501‑4555

TitleIX@rockhurst.edu

Marcia Ladage, MLA

Associate Dean for Students and Families

& Deputy Title IX Coordinator

Westport Campus, Rm 2Q61;

Rockhurst campus:

Massman 3
816‑936‑8716
TitleIX@rockhurst.edu

 

For purposes of this policy, any references to “Title IX Coordinator” will also include the designated Deputy Title IX Coordinators.

A report can also be made online at:  www.Rockhurst.edu\reporting.

B.             Mandatory Reporting Obligation for Employees

University employees have a duty to report Sexual Harassment by filing a report with the Title IX Coordinator (or Deputy Title IX Coordinator for Employees) when they receive a report of such conduct from another person, witness such conduct, or otherwise obtain information about such conduct.  This includes employees who may have a professional license requiring confidentiality if they are not employed by the University in that professional role.  An employee not reporting Sexual Harassment as required by this policy may be disciplined accordingly, up to and including termination.  This section does not apply to those identified in this policy as Confidential Resources when they are acting as confidential resources.

C.            Reporting Options for Students

Students who wish to report Sexual Harassment should make a complaint to the Title IX Coordinator (or one of the Deputy Title IX Coordinators for Students).  Students should be aware that all employees at the University, other than those identified in Section VI.F below, have an obligation to report Sexual Harassment that they witness or otherwise become aware of.

D.            Reporting Options for Others

Any other persons who are involved in the University’s education programs and activities, including visitors on campus, who wish to report Sexual Harassment should file a report with the Title IX Coordinator (or Deputy Title IX Coordinator for Employees).

E.             Reporting to the U.S. Department of Education

Any person may also file a complaint of sex discrimination with the United States Department of Education’s Office for Civil Rights regarding an alleged violation of Title IX by visiting www2.ed.gov/about/offices/list/ocr/complaintintro.html or by calling 1‑800‑421‑3481.

F.             Confidential Resources

If a person wishes to talk confidentially about Sexual Harassment, the University has designated certain persons who are permitted to have confidential conversations.  Unless otherwise required to do so by law (e.g., if the victim is a minor), these persons will not disclose identifying information about the reported misconduct to the Title IX Coordinator or other University officials.  The confidential resources are:

·                The licensed psychologists and pre‑doctoral interns at the Rockhurst University Counseling Center, Massman 5, 816‑501‑4275 (for students only)

·                Priests only when under the seal of the confessional (i.e. during the Sacrament of Reconciliation)

·                The staff of the New Directions Employee Assistance Program, 816-237-2352 or 800‑624‑5544 (for employees only)

There are also third‑party advocacy and victim support groups in the Kansas City area that provide confidential support and counseling.  These groups will not disclose information about Sexual Harassment to the University without your permission.  These third‑party groups include:

            The Metropolitan Organization to Counter Sexual Assault

            3100 Broadway, Suite 400

            Kansas City, Missouri 64111‑2591

            Tel:  816‑531‑0233 or 913‑642‑0233

Kansas City Metropolitan Area Domestic Violence Hotline

Tel:  816‑468‑5463

Information on other third‑party groups is available from the Title IX Coordinator or Deputy Coordinators.

VII.                 ROLES AND RESPONSIBILITIES

A.            Title IX Coordinator

It is the responsibility of the Title IX Coordinator to:  (1) receive reports and Formal Complaints under this policy; (2) coordinate dissemination of information and education and training programs; (3) assist members of the University community in understanding that Sexual Harassment is prohibited by this policy; (4) answer questions about this policy; (5) ensure that employees and students are aware of the procedures for reporting and addressing Sexual Harassment; and (6) to implement the procedures provided in this policy or to designate appropriate persons to do so.

B.             Administrators, Deans, Department Chairs and Other Managers

It is the responsibility of administrators, deans, department chairs, and other managers (i.e., those that formally supervise other employees) to:

·       Inform employees under their direction or supervision of this policy

·       Work with the Title IX Coordinator to implement education and training programs for employees and students

·       Implement any corrective actions that are imposed as a result of findings of a violation of this policy

C.            Employees

It is the responsibility of all employees to review this policy and comply with it.

D.            Students

It is the responsibility of students to review this policy and comply with it.

E.             The University

The University will act in accordance with this policy and its procedures.

VIII.              SPECIAL ADVICE FOR INDIVIDUALS REPORTING SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, OR STALKING

If you believe you are the victim of the crimes of Sexual Assault, Domestic Violence, or Dating Violence, get to safety and do everything possible to preserve evidence by making certain that the crime scene is not disturbed.  Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order.  For those who believe that they are victims of Sexual Assault, Domestic Violence, or Dating Violence, the University recommends the following:

·               Get to a safe place as soon as possible.

·               Try to preserve all physical evidence of the crime—avoid bathing, using the toilet, rinsing one’s mouth or changing clothes.  If it is necessary, put all clothing that was worn at the time of the incident in a paper bag, not a plastic one.

·               Do not launder or discard bedding or otherwise clean the area where the assault occurred‑ preserve for law enforcement

·               Preserve all forms of electronic communication that occurred before, during, or after the assault

·               Contact law enforcement by calling 911.

·               Get medical attention ‑ all medical injuries are not immediately apparent.  This will also help collect evidence that may be needed in case the individual decides to press charges.  Local hospitals have evidence collection kits necessary for criminal prosecution should the victim wish to pursue charges.  Take a full change of clothing, including shoes, for use after a medical examination.

·               Contact a trusted person, such as a friend or family member for support.

§     Talk with a professional licensed psychologists and pre‑doctoral interns at the Rockhurst University Counseling Center, Massman 5, 816‑501‑4275 (for students only), Priests only when under the seal of the confessional (i.e. during the Sacrament of Reconciliation) or professional health care provider who can help explain options, give information, and provide emotional support.

·               Make a report to the Title IX Coordinator or Deputy Title IX Coordinator.  A report can also be made at:  www.Rockhurst.edu\reporting.

It is also important to take steps to preserve evidence in cases of Stalking, to the extent such evidence exists.  Such evidence is more likely to be in the form of letters, emails, text messages, electronic images, etc. rather than evidence of physical contact and violence.  This type of non‑physical evidence will also be useful in all types of Sexual Harassment investigations.

Once a report of Sexual Assault, Domestic Violence, Dating Violence, or Stalking is made, the victim has several options such as, but not limited to:

·               obtaining Supportive Measures

·               contacting parents or a relative

·               seeking legal advice

·               seeking personal counseling (always recommended)

·               pursuing legal action against the perpetrator

·               filing a Formal Complaint

·               requesting that no further action be taken.

The Title IX Coordinator or Campus Security can assist individuals in obtaining a personal protection order (“PPO”).

IX.                   AMNESTY

The University encourages reporting of sexual harassment and seeks to remove barriers to making a report. At times, students may be hesitant to report sexual harassment to University officials because they are concerned that they may be subject to student disciplinary action for policy/student conduct violations that occurred during the incident. These behaviors are not condoned by the University, but the importance of addressing alleged sexual harassment is the paramount consideration. Consequently, students who initiate contact with the Title IX Coordinator, a Deputy Title IX Coordinator, or another University employee for the purpose of reporting sexual harassment in good faith, as a complainant or witness, will not be subject to student disciplinary action for other policy/student conduct violations that occurred during the incident as long as such violations did not place the health and safety of any other person at risk.  In the discretion of the Title IX Coordinator, amnesty may also be extended to students who do not report sexual harassment but whose participation in an investigation and/or hearing is deemed necessary.  The University may, however, require students to participate in educational activities or other interventions as deemed appropriate. The Title IX Coordinator shall determine if amnesty is granted, which will be determined on a case-by-case basis considering the totality of the circumstances involved in the incident. Moreover, amnesty does not preclude or prevent action by law enforcement or other legal authorities.

X.                     PRELIMINARY ASSESSMENT

After receiving a report under “Reporting Sexual Harassment,” the Title IX Coordinator will conduct a preliminary assessment to determine:

·               Whether the conduct, as reported, falls or could fall within the scope of this policy (see “Scope”); and

·               Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.

If the Title IX Coordinator determines that the conduct reported could not fall within the scope of this policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter and may notify the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”).  The Title IX Coordinator may refer the report to other University offices, as appropriate.

If the Title IX Coordinator determines that the conduct reported could fall within the scope of this policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant (see “Contacting the Complainant”).

As part of the preliminary assessment, the Title IX Coordinator may take investigative steps to determine the identity of the Complainant, if it is not apparent from the report.

XI.                   CONTACTING THE COMPLAINANT

If a report is not closed as a result of the preliminary assessment (see “Preliminary Assessment”) and the Complainant’s identity is known, the Title IX Coordinator will promptly contact the Complainant to discuss the availability of Supportive Measures (see “Supportive Measures”); to discuss and consider the Complainant’s wishes with respect to Supportive Measures; to inform the Complainant about the availability of Supportive Measures with or without filing a Formal Complaint; and to explain the process for filing and pursuing a Formal Complaint.  The Complainant will also be provided options for filing complaints with the local police and information about resources that are available on campus and in the community.

XII.                 SUPPORTIVE MEASURES

If a report is not closed as a result of the preliminary assessment (see “Preliminary Assessment”), the University will offer and make available Supportive Measures to the Complainant regardless of whether the Complainant elects to file a Formal Complaint.

Contemporaneously with the Respondent being notified of a Formal Complaint (see “Notice of Formal Complaint”), the Title IX Coordinator will notify the Respondent of the availability of Supportive Measures for the Respondent, and the University will offer and make available Supportive Measures to the Respondent in the same manner in which it offers and makes them available to the Complainant.  The University will also offer and make available Supportive Measures to the Respondent prior to the Respondent being notified of a Formal Complaint, if the Respondent requests such measures.

The University will maintain the confidentiality of Supportive Measures provided to either a Complainant or Respondent, to the extent that maintaining such confidentiality does not impair the University’s ability to provide the Supportive Measures in question.

XIII.              INTERIM REMOVAL

At any time after receiving a report of Sexual Harassment, the Title IX Coordinator may remove a student Respondent from one or more of the University’s education programs and activities on a temporary basis if an individualized safety and risk analysis determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual Harassment justifies removal.  In the event the Title IX Coordinator imposes an interim removal, the Title IX Coordinator must offer to meet with the Respondent within twenty‑four hours and provide the Respondent an opportunity to challenge the interim removal.

In the case of a Respondent who is a non‑student employee (administrator, faculty, or staff), and in its discretion, the University may place the Respondent on administrative leave at any time after receiving a report of Sexual Harassment, including during the pendency of the investigation and adjudication process (see “Investigation” and “Adjudication”).

For all other Respondents, including independent contractors and guests, the University retains broad discretion to prohibit such persons from entering onto its campus and other properties at any time, and for any reason, whether after receiving a report of Sexual Harassment or otherwise.

XIV.               FORMAL COMPLAINT

A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the University investigate and adjudicate a report of Sexual Harassment in accordance with the provisions of “Investigation” and “Adjudication.”  Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the University’s Education Programs or Activities or be a part‑time or full time employee or faculty member of the University.

A Complainant may file a Formal Complaint with the Title IX Coordinator in person, by regular mail, or by email using the contact information specified in “Reporting Sexual Harassment.”  No person may submit a Formal Complaint on the Complainant’s behalf.

In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the University if doing so is not clearly unreasonable.  Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University Community.  Factors the Title IX Coordinator may consider include (but are not limited to):  (a) was a weapon involved in the incident; (b) were multiple assailants involved in the incident; (c) is the accused a repeat offender; and (d) does the incident create a risk of occurring again.

If the Complainant or the Title IX Coordinator files a Formal Complaint, then the University will commence an investigation as specified in “Reporting Sexual Harassment” and proceed to adjudicate the matter as specified in “Adjudication,” below.  In all cases where a Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation.

In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.

XV.                 CONSOLIDATION OF FORMAL COMPLAINTS

The University may consolidate Formal Complaints as to allegations of Sexual Harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against the other party, where the allegations of Sexual Harassment arise out of the same facts or circumstances.  Where the investigation and adjudication process involve more than one Complainant or more than one Respondent, references in this policy to the singular “party,” “Complainant,” or “Respondent” include the plural, as applicable.  A Formal Complaint of Retaliation may be consolidated with a Formal Complaint of Sexual Harassment.

XVI.               DISMISSAL PRIOR TO COMMENCEMENT OF INVESTIGATION

In a case where the Complainant files a Formal Complaint, the Title IX Coordinator will evaluate the Formal Complaint and must dismiss it if the Title IX Coordinator determines:

·               The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or

·               The conduct alleged in the Formal Complaint falls outside the scope of the policy specified in “Scope” (that is, because the alleged conduct did not occur in the University’s Education Programs and Activities and/or the alleged conduct occurred outside the geographic boundaries of the United States).

In the event the Title IX Coordinator determines the Formal Complaint should be dismissed pursuant to this Section, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal as specified in “Appeal.”  The Title IX Coordinator may refer the subject matter of the Formal Complaint to other University offices, as appropriate.  A dismissal pursuant to this Section is presumptively a final determination for purposes of this policy, unless otherwise specified in writing by the Title IX Coordinator in the written notice of dismissal.

XVII.            NOTICE OF FORMAL COMPLAINT

Within a reasonably prompt time period (not to exceed ten (10) days) of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes:

·               A physical copy of this policy or a hyperlink to this policy;

·               Sufficient details known at the time so that the parties may prepare for an initial interview with the investigator, to include the identities of the parties involved in the incident (if known), the conduct allegedly constituting Sexual Harassment, and the date and location of the alleged incident (if known);

·               A statement that the Respondent is presumed not responsible for the alleged Sexual Harassment and that a determination of responsibility will not be made until the conclusion of the adjudication and any appeal;

·               Notifying the Complainant and Respondent of their right to be accompanied by an advisor of their choice, as specified in “Advisor of Choice”;

·               Notifying the Complainant and Respondent of their right to inspect and review evidence as specified in “Access to Evidence”;

·               Notifying the Complainant and Respondent of the University’s prohibitions on retaliation and false statements specified in “Retaliation” and “Bad Faith Complaints and False Information”;

·               Information about resources that are available on campus and in the community.

Should the University elect, at any point, to investigate allegations that are materially beyond the scope of the initial written notice, the University will provide a supplemental written notice describing the additional allegations to be investigated.

XVIII.          INVESTIGATION

A.            Commencement and Timing

After the written notice of Formal Complaint is transmitted to the parties, an investigator selected by the Title IX Coordinator or the Title IX Coordinator him/herself will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory evidence (which implies or tends to establish responsibility for a violation of this policy as alleged) and exculpatory evidence (which implies or tends to establish a lack of responsibility for a violation of this policy as alleged).  The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the University and not with the parties.  The investigation will culminate in a written investigation report, as specified in “Investigation Report,” that will be submitted to the adjudicator during the selected adjudication process.  Although the length of each investigation may vary depending on the totality of the circumstances, the University strives to complete each investigation within sixty (60) days of the transmittal of the written notice of Formal Complaint.

B.             Equal Opportunity

During the investigation, the investigator will provide an equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence.  However, the investigator retains discretion to limit the number of witness interviews the investigator conducts or the other evidence the investigator seeks to gather if the investigator finds that testimony or evidence would be unreasonably cumulative (that is, unreasonably repeats what has already been established), if the witnesses are offered solely as character references and do not have information relevant to the allegations at issue, if the investigator determines the witness or evidence is not reasonably available, or if the witnesses or evidence is offered to render testimony or provide information that is categorically inadmissible, such as testimony or evidence concerning sexual history of the Complainant, as specified in “Sexual History.”  The investigator will not restrict the ability of the parties to gather and present relevant evidence on their own.

The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint.  A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.

C.            Documentation of Investigation

The investigator will take reasonable steps to ensure the investigation is documented.  Interviews of the parties and witnesses may be documented by the investigator’s notes, audio recorded, video recorded, or transcribed.  The particular method utilized to record the interviews of parties and witnesses will be determined by the investigator in the investigator’s sole discretion, although whatever method is chosen shall be used consistently throughout a particular investigation.

D.            Access to the Evidence

At the conclusion of the evidence‑gathering phase of the investigation, but prior to the completion of the investigation report, the investigator will transmit to each party and their advisor, in either electronic or hard copy form, the evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including (1) evidence on which the University may choose not to rely at any hearing and (2) inculpatory[1] or exculpatory[2] evidence whether obtained from a party directly involved in the investigation or some other source.  The University considers material to be evidence “directly related to the allegations raised in the Formal Complaint” if the material is evidentiary in nature and could be relevant to resolving any important factual dispute in light of the allegations raised in the Formal Complaint.  Logistical documents, information about supportive measures, communications with the parties about the investigation, personal memory aids of the investigator, and the like are not evidentiary in nature.  The University may produce either an audio record or verbatim transcript of witness interviews, but typically will not produce both forms.  The parties will have ten (10) days in which to submit to the investigator a written response that the investigator will consider prior to completing the investigation report.

The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not duplicate or disseminate the evidence to the anyone else.

E.             Investigation Report

After the period for the parties to provide any written response as specified “Access to Evidence” has expired, the investigator will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree.  When the investigation report is complete, the investigator will transmit a copy to the Title IX Coordinator.  The investigator will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form.

XIX.               ADJUDICATION PROCESS SELECTION

After the investigator has sent the investigation report to the parties, the Title IX Coordinator will transmit to each party a notice advising the party of the two different adjudication processes specified in “Adjudication.”  The notice will explain that the hearing process specified in “Hearing Process” is the default process for adjudicating all Formal Complaints and will be utilized unless both parties voluntarily consent to administrative adjudication as specified in “Administrative Adjudication (Optional)” as a form of informal resolution.  The notice will be accompanied by a written consent to administrative adjudication and will advise each party that, if both parties execute the written consent to administrative adjudication, then the administrative adjudication process will be used in in lieu of the hearing process.  Parties are urged to carefully review this policy (including the entirety of “Adjudication”), consult with their advisor, and consult with other persons as they deem appropriate (including an attorney) prior to consenting to administrative adjudication.

Each party will have three (3) days from transmittal of the notice specified in this Section to return the signed written consent form to the Title IX Coordinator.  If either party does not timely return the signed written consent, that party will be deemed not to have consented to administrative adjudication and the Formal Complaint will be adjudicated pursuant to the hearing process.

XX.                 ADJUDICATION

A.            Hearing Process

The default process for adjudicating Formal Complaints is the hearing process specified in this Section (“Hearing Process”).  The hearing process will be used to adjudicate all Formal Complaints unless both parties timely consent to informal resolution.

1.              Hearing Officer

After selection of the hearing process as the form of adjudication, the Title IX Coordinator will promptly appoint a hearing officer who will oversee the hearing process and render a determination of responsibility for the allegations in the Formal Complaint, at the conclusion of the hearing process.  The Title IX Coordinator will see that the hearing officer is provided a copy of the investigation report and a copy of all evidence transmitted to the parties by the investigator as specified in “Access to Evidence.”

2.              Hearing Notice and Response to the Investigation Report

After the hearing officer is appointed by the Title IX Coordinator, the hearing officer will promptly transmit written notice to the parties notifying the parties of the hearing officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; setting a date for the pre‑hearing conference; setting a date and time for the hearing; and providing a copy of the University’s Hearing Procedures.  Neither the pre‑hearing conference, nor the hearing itself, may be held any earlier than ten (10) days from the date of transmittal of the written notice specified in this Section (“Hearing Notice and Response to the Investigation Report”).

A party’s written response to the investigation report must include:

·               To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement;

·               Any argument that evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition on the use of sexual history specified in “Sexual History,” or for any other reason;

·               A list of any witnesses that the party contends should be requested to attend the hearing pursuant to an attendance notice issued by the hearing officer;

·               A list of any witnesses that the party intends to bring to the hearing without an attendance notice issued by the hearing officer;

·               Any objection that the party has to the University’s Hearing Procedures;

·               Any request that the parties be separated physically during the pre‑hearing conference and/or hearing;

·               Any other accommodations that the party seeks with respect to the pre‑hearing conference and/or hearing;

·               The name and contact information of the advisor who will accompany the party at the pre‑hearing conference and hearing; and

·               If the party does not have an advisor who will accompany the party at the hearing, a request that the University provide an advisor for purposes of conducting questioning as specified in “Hearing.”

A party’s written response to the investigation report may also include:

·               Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; and

·               Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment.

3.              Pre‑Hearing Conference

Prior to the hearing, the hearing officer will conduct a pre‑hearing conference with the parties and their advisors.  The pre‑hearing conference will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors.  By default, the pre‑hearing conference will be conducted with the hearing officer, the parties, the advisors, and other necessary University personnel together in the same physical location.  However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

In the hearing officer’s discretion, the pre‑hearing conference may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

During the pre‑hearing conference, the hearing officer will discuss the Hearing Procedures with the parties; address matters raised in the parties’ written responses to the investigation report, as the hearing officer deems appropriate; discuss whether any stipulations may be made to expedite the hearing; discuss the witnesses the parties have requested be served with notices of attendance and/or witnesses the parties plan to bring to the hearing without a notice of attendance; and resolve any other matters that the hearing officer determines, in the hearing officer’s discretion, should be resolved before the hearing.

4.              Issuance of Notices of Attendance

After the pre‑hearing conference, the hearing officer will transmit notices of attendance to any University employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness.  The notice will advise the subject of the specified date and time of the hearing and advise the subject to contact the hearing officer immediately if there is a material and unavoidable conflict.

The subject of an attendance notice should notify any manager, faculty member, coach, or other supervisor, as necessary, if attendance at the hearing will conflict with job duties, classes, or other obligations.  All such managers, faculty members, coaches, and other supervisors are required to excuse the subject of the obligation, or provide some other accommodation, so that the subject may attend the hearing as specified in the notice.

The University will not issue a notice of attendance to any witness who is not an employee or a student.

5.              Hearing

After the pre‑hearing conference, the hearing officer will convene and conduct a hearing pursuant to the University’s Hearing Procedures.  The hearing will be audio recorded.  The audio recording will be made available to the parties for inspection and review on reasonable notice, including for use in preparing any subsequent appeal.

The hearing will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors.  By default, the hearing will be conducted with the hearing officer, the parties, the advisors, witnesses, and other necessary University personnel together in the same physical location.  However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

While the Hearing Procedures and rulings from the hearing officer will govern the particulars of the hearing, each hearing will include, at a minimum:

·               Opportunity for each party to address the hearing officer directly and to respond to questions posed by the hearing officer;

·               Opportunity for each party’s advisor to ask directly, orally, and in real time, relevant questions, and follow up questions, of the other party and any witnesses, including questions that support or challenge credibility;

·               Opportunity for each party to raise contemporaneous objections to testimonial or non‑testimonial evidence and to have such objections ruled on by the hearing officer and a reason for the ruling provided;

·               Opportunity for each party to submit evidence that the party did not present during the investigation due to mistake, inadvertence, surprise, or excusable neglect; and

·               Opportunity for each party to make a brief closing argument.

Except as otherwise permitted by the hearing officer, the hearing will be closed to all persons except the parties, their advisors, the investigator, the hearing officer, the Title IX Coordinator, and other necessary University personnel.  With the exception of the investigator and the parties, witnesses will be sequestered until such time as their testimony is complete.

During the hearing, the parties and their advisors will have access to the investigation report and evidence that was transmitted to them pursuant to “Access to Evidence.”

While a party has the right to attend and participate in the hearing with an advisor, a party and/or advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the hearing officer.

Subject to the minimum requirements specified in this Section (“Hearing”), the hearing officer will have sole discretion to determine the manner and particulars of any given hearing, including with respect to the length of the hearing, the order of the hearing, and questions of admissibility.  The hearing officer will independently and contemporaneously screen questions for relevance in addition to resolving any contemporaneous objections raised by the parties and will explain the rational for any evidentiary rulings.

The hearing is not a formal judicial proceeding and strict rules of evidence do not apply.  The hearing officer will have discretion to modify the Hearing Procedures, when good cause exists to do so, and provided the minimal requirements specified in this Section (“Hearing”) are met.

6.              Deliberation and Determination

After the hearing is complete, the hearing officer will objectively evaluate all relevant evidence collected during the investigation, including both inculpatory and exculpatory evidence, together with testimony and non‑testimony evidence received at the hearing, and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness.  The hearing officer will take care to exclude from consideration any evidence that was ruled inadmissible at the pre‑hearing conference, during the hearing, or by operation of “Subjection to Questioning.”  The hearing officer will resolve disputed facts using a preponderance of the evidence (that is, “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of this policy as alleged in the Formal Complaint.

7.              Discipline and Remedies

In the event the hearing officer determines that the Respondent is responsible for violating this policy, the hearing officer will, before issuing a written decision, consult with an appropriate University official with disciplinary authority over the Respondent and such official will determine any discipline to be imposed.  The hearing officer will also, before issuing a written decision, consult with the Title IX Coordinator who will determine whether and to what extent ongoing support measures or other remedies will be provided to the Complainant.

8.              Written Decision

After reaching a determination and consulting with the appropriate University official and Title IX Coordinator as required by “Discipline and Remedies,” the hearing officer will prepare a written decision that will include:

·               Identification of the allegations potentially constituting Sexual Harassment made in the Formal Complaint;

·               A description of the procedural steps taken by the University upon receipt of the Formal Complaint, through issuance of the written decision, including notification to the parties, interviews with the parties and witnesses, site visits, methods used to gather non‑testimonial evidence, and the date, location, and people who were present at or presented testimony at the hearing;

·               Articulate findings of fact, made under a preponderance of the evidence standard, that support the determination;

·               A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Harassment, including a determination regarding responsibility for each separate potential incident;

·               The discipline determined by the appropriate University official as referenced in “Discipline and Remedies”;

·               Whether the Complainant will receive any ongoing support measures or other remedies as determined by the Title IX Coordinator; and

·               A description of the University’s process and grounds for appeal, as specified in “Appeal.”

The hearing officer’s written determination will be transmitted to the parties.  This transmission concludes the hearing process, subject to any right of appeal as specified in “Appeal.”

Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the University strives to issue the hearing officer’s written determination within fourteen (14) days of the conclusion of the hearing.

B.             Administrative Adjudication (Optional)

In lieu of the hearing process, the parties may consent to have a Formal Complaint resolved by administrative adjudication as a form of informal resolution.  Administrative adjudication is voluntary and must be consented to in writing by both parties and approved by the Title IX Coordinator as specified in ”Adjudication Process Selection.”  At any time prior to the issuance of the administrative officer’s determination, a party has the right to withdraw from administrative adjudication and request a live hearing as specified in ”Hearing Process.”

If administrative adjudication is selected, the Title IX Coordinator will appoint an administrative officer.  The Title IX Coordinator will see that the administrative adjudicator is provided a copy of the investigation report and a copy of all the evidence transmitted to the parties by the investigator as specified in “Access to Evidence.”

The administrative officer will promptly send written notice to the parties notifying them of the administrative officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; and setting a date and time for each party to meet with the administrative officer separately.  The administrative officer’s meetings with the parties will not be held any earlier than ten (10) days from the date of transmittal of the written notice specified in this paragraph.

A party’s written response to the investigation report must include:

·               To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement;

·               Any argument that a particular piece or class of evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition on the use of sexual history specified in “Sexual History,” or for any other reason;

·               Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; and

·               Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment.

After reviewing the parties’ written responses, the administrative officer will meet separately with each party to provide the party with an opportunity make any oral argument or commentary the party wishes to make and for the administrative officer to ask questions concerning the party’s written response, the investigative report, and/or the evidence collected during the investigation.

After meeting with each party, the administrative officer will objectively revaluate all relevant evidence, including both inculpatory and exculpatory evidence and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness.  The administrative officer will take care to exclude from consideration any evidence that the administrative officer determines should be ruled inadmissible based on the objections and arguments raised by the parties in their respective written responses to the investigation report.  The administrative officer will resolve disputed facts using a preponderance of the evidence (that is, “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of the policy as alleged in the Formal Complaint.

Thereafter, the administrative officer will consult with any University official and the Title IX Coordinator, in the manner specified in “Deliberation and Determination” and will prepare and transmit a written decision in the manner as specified in “Written Decision” which shall serve as a resolution for purposes of informal resolution.

Transmittal of the administrative officer’s written determination concludes the administrative adjudication, subject to any right of appeal as specified in “Appeal.”

Although the length of each administrative adjudication will vary depending on the totality of the circumstances, the University strives to issue the administrative officer’s written determination within twenty‑one (21) days of the transmittal of the initiating written notice specified in this Section (“Administrative Adjudication”).

XXI.               DISMISSAL DURING INVESTIGATION OR ADJUDICATION

The University shall dismiss a Formal Complaint at any point during the investigation or adjudication process if the Title IX Coordinator determines that one or more of the following is true:

·               The conduct alleged in the Formal Complaint would not constitute Sexual Harassment, even if proved; or

·               The conduct alleged in the Formal Complaint falls outside the scope of the policy specified in “Scope” (that is, because the alleged conduct did not occur in the University’s Education Programs and Activities and/or the alleged conduct occurred outside the geographic boundaries of the United States).

The University may dismiss a Formal Complaint at any point during the investigation or adjudication process if the Title IX Coordinator determines that any one or more of the following is true:

·               The Complainant provides the Title IX Coordinator written notice that the Complainant wishes to withdraw the Formal Complaint or any discrete allegations therein (in which case those discrete allegations may be dismissed);

·               The Respondent is no longer enrolled or employed by the University, as the case may be; or

·               Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint, or any discrete allegations therein (in which case those discrete allegations may be dismissed).

In the event the Title IX Coordinator dismisses a Formal Complaint pursuant to this Section, the Title IX Coordinator will provide written notice of dismissal to the parties and advise them of their right to appeal as specified in “Appeal.”  The Title IX Coordinator may refer the subject matter of the Formal Complaint to other University offices, as appropriate.  A dismissal pursuant to this Section is presumptively a final determination as it pertains to this policy, unless otherwise specified in writing by the Title IX Coordinator in the written notice of dismissal.

XXII.            APPEAL

Either party may appeal the determination of an adjudication, or a dismissal of a Formal Complaint, on one or more of the following grounds:

·               A procedural irregularity affected the outcome;

·               There is new evidence that was not reasonably available at the time the determination or dismissal was made that could have affected the outcome;

·               The Title IX Coordinator, investigator, hearing officer, or administrative officer, as the case may be, had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome.

No other grounds for appeal are permitted.

A party must file an appeal within seven (7) days of the date they receive notice of dismissal or determination appealed from or, if the other party appeals, within five (5) days of the other party appealing, whichever is later.  The appeal must be submitted in writing to the designated appeal officer.  When the case involves a faculty respondent, the appeal officer is the Chief Financial Officer (Gerald Moench, Gerald.Moench@Rockhurst.edu).  In all other situations, the appeal officer is the Provost and Senior Vice President for Academic Affairs (Dr. Douglas Dunham, Douglas.Dunham@Rockhurst.edu).  When an absence or conflict of interest makes it impossible for the designated appeal officer to resolve the appeal, the other appeal officer may resolve the appeal in place of the designated appeal officer.  Either appeal officer may also designate this responsibility to another administrator should both appeal officers be absent or have a conflict of interest.  The appeal must specifically identify the determination and/or dismissal appealed from, articulate which one or more of the three grounds for appeal are being asserted, explain in detail why the appealing party believes the appeal should be granted, and articulate what specific relief the appealing party seeks.

Promptly upon receipt of an appeal, the appeal officer will conduct an initial evaluation to confirm that the appeal is timely filed and that it invokes at least one of the permitted grounds for appeal.  If the appeal officer determines that the appeal is not timely, or that it fails to invoke a permitted ground for appeal, the appeal officer will dismiss the appeal and provide written notice of the same to the parties.

If the appeal officer confirms that the appeal is timely and invokes at least one permitted ground for appeal, the appeal officer will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within seven (7) days.  The appeal officer shall also promptly obtain from the Title IX Coordinator any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.

Upon receipt of any opposition, or after the time period for submission of an opposition has passed without one being filed, the appeal officer will promptly decide the appeal and transmit a written decision to the parties that explains the outcome of the appeal and the rationale.

The determination of a Formal Complaint, including any discipline, becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the appeal officer has resolved all appeals, either by dismissal or by transmittal of a written decision.

No further review beyond the appeal is permitted.

Although the length of each appeal will vary depending on the totality of the circumstances, the University strives to issue the appeal officer’s written decision within thirty (30) days of an appeal being filed.

XXIII.          ADVISOR OF CHOICE

At any meeting described in this policy, and until an investigation, adjudication, and appeal are complete, the Complainant and Respondent will have the right to be accompanied by an advisor of their choice to all meetings, interviews, and hearings that are part of the investigation, adjudication, and appeal process.  The advisor may be, but is not required to be, an attorney.

Except for the questioning of witnesses during the hearing specified in “Hearing,” the advisor will play a passive role and is not permitted to communicate on behalf of a party, insist that communication flow through the advisor, or communicate with the University about the matter without the party being included in the communication.  In the event a party’s advisor of choice engages in material violation of the parameters specified in this Section and “Hearing,” the University may preclude the advisor from further participation, in which case the party may select a new advisor of their choice.

In the event a party is not able to secure an advisor to attend the hearing described in “Hearing,” and requests the University to provide an advisor, the University will provide the party an advisor, without fee or charge to the party, who will conduct questioning on behalf of the party at the hearing.  The University will have sole discretion to select the advisor it provides.  The advisor the University provides may be, but is not required to be, an attorney.

The University is not required to provide a party with an advisor in any circumstance except where the party does not have an advisor present at the hearing described in “Hearing,” and requests that the University provide an advisor.

XXIV.          TREATMENT RECORDS AND OTHER PRIVILEGED INFORMATION

During the investigation and adjudication processes, the investigator and adjudicator, as the case may be, are not permitted to access, consider, disclose, permit questioning concerning, or otherwise use:

·               a party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party or

·               information or records protected from disclosure by any other legally‑recognized privilege, such as the attorney client privilege unless the University has obtained the party’s voluntary, written consent to do so for the purposes of the investigation and adjudication process.

Notwithstanding the foregoing, the investigator and/or adjudicator, as the case may be, may consider any such records or information otherwise covered by this Section if the party holding the privilege affirmatively discloses the records or information to support their allegation or defense.

XXV.             SEXUAL HISTORY

During the investigation and adjudication processes, questioning regarding a Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent.  Notwithstanding the foregoing, a Complainant who affirmatively uses information otherwise considered irrelevant by this Section for the purpose of supporting the Complainant’s allegations, may be deemed to have waived the protections of this Section.

XXVI.          INFORMAL RESOLUTION

At any time after the parties are provided written notice of the Formal Complaint as specified in “Notice of Formal Complaint,” and before the completion of any appeal specified in “Appeal,” the parties may voluntarily consent, with the Title IX Coordinator’s approval, to engage in mediation, facilitated resolution, or other form of dispute resolution the goal of which is to enter into a final resolution resolving the allegations raised in the Formal Complaint by agreement of the parties.  Administrative Adjudication as specified in “Administrative Adjudication” is a form of informal resolution that can be used in lieu of having a live hearing as specified in the Hearing Process.

The specific process for any informal resolution will be determined by the parties and the Title IX Coordinator, in consultation together.  Prior to commencing the informal resolution process agreed upon, the Title IX Coordinator will transmit a written notice to the parties that:

·               Describes the parameters and requirements of the informal resolution process to be utilized;

·               Identifies the individual responsible for facilitating the informal resolution (who may be the Title IX Coordinator, another University official, or a suitable third‑party);

·               Explains the effect of participating in informal resolution and/or reaching a final resolution will have on a party’s ability to resume the investigation and adjudication of the allegations at issue in the Formal Complaint; and

·               Explains any other consequence resulting from participation in the informal resolution process, including a description of records that will be generated, maintained, and/or shared.

After receiving the written notice specified in this paragraph, each party must voluntarily provide written consent to the Title IX Coordinator, before the informal resolution process may begin.

During the informal resolution process, the investigation and adjudication processes that would otherwise occur are stayed (that is, paused) and all related deadlines are suspended.

If the parties reach a resolution through the informal resolution process, and the Title IX Coordinator agrees that the resolution is not clearly unreasonable, the Title IX Coordinator will put the terms of the agreed resolution in writing and give them to the parties for their written signature indicating their agreement.  Once both parties and the Title IX Coordinator sign the written resolution, the resolution is final; the allegations addressed by the resolution are considered resolved and will not be subject to further investigation, adjudication, remediation, or discipline by the University, unless otherwise provided in the resolution itself, absent a showing that a party induced the resolution by fraud, misrepresentation, or other misconduct or where required to avoid a manifest injustice to either party or to the University.

However, if the form of informal resolution is administrative adjudication (see ”Administrative Adjudication”) there shall not be  an agreed resolution requiring the parties’ signatures; instead, the determination issued by the administrative officer shall serve as the resolution and conclude the informal resolution process, subject only to any right of appeal.

A party may withdraw their consent to participate in informal resolution at any time before a resolution has been finalized.  With the exception of an Administrative Adjudication, all other forms of Informal resolution, once finalized, is not subject to appeal.

Unless the Title IX Coordinator provides an extension, any informal resolution process must be completed within twenty‑one (21) days from the parties agreeing to the informal resolution process.  If an informal resolution process does not result in a resolution within twenty‑one (21) days, and absent an extension, abeyance (a temporary suspension of the process), or other contrary ruling by the Title IX Coordinator, the informal resolution process will be deemed terminated, and the Formal Complaint will be resolved through the investigation and adjudication procedures provided in this policy.  The Title IX Coordinator may adjust any time periods or deadlines in the investigation and/or adjudication process that were suspended pursuant to this Section.

Other language in this Section notwithstanding, informal resolution will not be permitted if the Respondent is a non‑student employee accused of committing Sexual Harassment against a student.

XXVII.        PRESUMPTION OF NON‑RESPONSIBILITY

From the time a report or Formal Complaint is made, a Respondent is presumed not responsible for the alleged misconduct until a determination regarding responsibility is made final.

XXVIII.      RESOURCES

Any individual affected by or accused of Sexual Harassment will have equal access to support and counseling services offered through the University.  The University encourages any individual who has questions or concerns to seek support of University identified resources.  The Title IX Coordinator is available to provide information about the University’s policy and procedure and to provide assistance. A list of University identified resources is located in the section of this page below the policy. Collapse this section, and click on "Resources Available in the Title IX Process."

XXIX.          CONFLICTS OF INTEREST, BIAS, AND PROCEDURAL COMPLAINTS

The Title IX Coordinator, investigator, hearing officer, administrative officer, appeal officer, and informal resolution facilitator will be free of any material conflicts of interest or material bias.  Any party who believes one or more of these University officials has a material conflict of interest or material bias must raise the concern promptly so that the University may evaluate the concern and find a substitute, if appropriate.  The failure of a party to timely raise a concern of a conflict of interest or bias may result in a waiver of the issue for purposes of any appeal specified in “Appeal.”

XXX.             OBJECTIONS GENERALLY

Parties are expected to raise any objections, concerns, or complaints about the investigation, adjudication, and appeals process in a prompt and timely manner so that the University may evaluate the matter and address it, if appropriate.

XXXI.          CONSTITUTIONAL RIGHTS AND ACADEMIC FREEDOM

The University will construe and apply this policy consistent with the principles of academic freedom specified in the Faculty Handbook.  In no case will a Respondent be found to have committed Sexual Harassment based on expressive conduct that is protected by the principles of academic freedom specified in the Faculty Handbook.

XXXII.        RELATIONSHIP WITH CRIMINAL PROCESS

This policy sets forth the University’s processes for responding to reports and Formal Complaints of Sexual Harassment.  The University’s processes are separate, distinct, and independent of any criminal processes.  While the University may temporarily delay its processes under this policy to avoid interfering with law enforcement efforts if requested by law enforcement, the University will otherwise apply this policy and its processes without regard to the status or outcome of any criminal process.

XXXIII.      RECORDINGS

Wherever this policy specifies that an audio or video recording will be made, the recording will be made only by the University and is considered property of the University, subject to any right of access that a party may have under this policy, FERPA, and other applicable federal, state, or local laws.  Only the University is permitted to make audio or video recordings under this policy.  The surreptitious recording of any meeting, interview, hearing, or other interaction contemplated under this policy is strictly prohibited.  Any party who wishes to transcribe a hearing by use of a transcriptionist must seek pre‑approval from the hearing officer.

XXXIV.      VENDORS, CONTRACTORS AND THIRD PARTIES

The University does business with various vendors, contractors, and other third parties who are not students or employees of the University.  Notwithstanding any rights that a given vendor, contractor, or third‑party Respondent may have under this policy, the University retains its right to limit any vendor, contractor, or third‑party’s access to campus for any reason.  The University retains all rights it enjoys by contract or law to terminate its relationship with any vendor, contractor, or third‑party irrespective of any process or outcome under this policy.

XXXV.        BAD FAITH COMPLAINTS AND FALSE INFORMATION

It is a violation of this policy for any person to submit a report or Formal Complaint that the person knows, at the time the report or Formal Complaint is submitted, to be false or frivolous.  It is also a violation of this policy for any person to knowingly make a materially false statement during the course of an investigation, adjudication, or appeal under this policy.  Violations of this Section are not subject to the investigation and adjudication processes in this policy; instead, they will be addressed under the Student Conduct Code in the case of students and other University policies and standards, as applicable, for other persons.

XXXVI.      RETALIATION

It is a violation of this policy to engage in Retaliation.  Reports and Formal Complaints of retaliation may be made in the manner specified in “Reporting Sexual Harassment,” and “Formal Complaint.”  Any report or Formal Complaint of Retaliation will be processed under this policy in the same manner as a report or Formal Complaint of Sexual Harassment, as the case may be.  The University retains discretion to consolidate a Formal Complaint of Retaliation with a Formal Complaint of Sexual Harassment for investigation and/or adjudication purposes if the two Formal Complaints share a common nexus.

XXXVII.    CONFIDENTIALITY

The University will keep confidential the identity of any individual who has made a report or Formal Complaint of Sexual Harassment or Retaliation including any Complainant, the identity of any individual who has been reported to be a perpetrator of Sexual Harassment or Retaliation including any Respondent, and the identity of any witness.  The University will also maintain the confidentiality of its various records generated in response to reports and Formal Complaints, including, but not limited to, information concerning Supportive Measures, notices, investigation materials, adjudication records, and appeal records.  Notwithstanding the foregoing, the University may reveal the identity of any person or the contents of any record if permitted by FERPA, if necessary to carry out the University’s obligations under Title IX and its implementing regulations including the conduct of any investigation, adjudication, or appeal under this policy or any subsequent judicial proceeding, or as otherwise required by law.  Further, notwithstanding the University’s general obligation to maintain confidentiality as specified in this policy, the parties to a report or Formal Complaint will be given access to investigation and adjudication materials as provided in this policy.

While the University will maintain confidentiality as provided in this Section, the University will not limit the ability of the parties to discuss the allegations at issue in a particular case.  Parties are advised, however, that the manner in which they communicate about, or discuss a particular case, may constitute Sexual Harassment or Retaliation in certain circumstances and be subject to discipline pursuant to the processes specified in this policy.

Note that certain types of Sexual Harassment are considered crimes for which the University must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public.  These disclosures will be made without including personally identifying information.

XXXVIII. OTHER VIOLATIONS OF THIS POLICY

Alleged violations of this policy, other than violations of the prohibitions on Sexual Harassment and Retaliation, will be subject to review under the Student Conduct Code for students, the Faculty Handbook for faculty, the Employee Handbook for covered employees, or other applicable University policies and standards.

XXXIX.      SIGNATURES AND FORM OF CONSENT

For purposes of this policy, either a physical signature or digital signature will be sufficient to satisfy any obligation that a document be signed.  Where this policy provides that written consent must be provided, consent in either physical or electronic form, containing a physical or digital signature, as the case may be, will suffice.

XL.                 DEADLINES, TIME, NOTICES, AND METHOD OF TRANSMITTAL

Where this policy specifies a period of days by which some act must be performed, the relevant time period will be calculated as follows:

·               Exclude the day of the event that triggers the period;

·               Count every day, including intermediate Saturdays, Sundays, and legal holidays recognized by the federal government; and

·               Include the last day of the period until 5:00 p.m. central time, but if the last day is a Saturday, Sunday, or legal holiday recognized by the federal government, the period continues to run until 5:00 p.m. central time on the next day that is not a Saturday, Sunday, or legal holiday recognized by the federal government.

All deadlines and other time periods specified in this policy are subject to modification by the University where, in the University’s sole discretion, good cause exists.  Good cause may include, but is not limited to, the unavailability of parties or witnesses; the complexities of a given case; extended holidays or closures; sickness of the Title IX Coordinator or Deputy Title IX Coordinator, investigator, adjudicator, or the parties; the need to consult with the University’s legal counsel; unforeseen weather events; and the like.

Any party who wishes to seek an extension of any deadline or other time period may do so by filing a request with the investigator, hearing officer, administrative officer, appeal officer, or Title IX Coordinator, as the case may be, depending on the phase of the process.  Such request must state the extension sought and explain what good cause exists for the requested extension.  The University officer resolving the request for extension may, but is not required to, give the other party an opportunity to object.  Whether to grant such a requested extension will be in the sole discretion of the University.

The parties will be provided written notice of the modification of any deadline or time period specified in this policy, along with the reasons for the modification.

Where this policy refers to notice being given to parties “simultaneously,” notice will be deemed simultaneous if it is provided in relative proximity on the same day.  It is not necessary that notice be provided at exactly the same hour and minute.

Unless otherwise specified in this policy, the default method of transmission for all notices, reports, responses, and other forms of communication specified in this policy will be emailed using University email addresses.

A party is deemed to have received notice upon transmittal of an email to their University email address.  In the event notice is provided by mail or similar method of post (e.g., FedEx, UPS, etc.), a party will be deemed to have received notice three (3) days after the notice in question is postmarked or otherwise marked as delivered by the carrier.

Any notice inviting or requiring a party or witness to attend a meeting, interview, or hearing will be provided with sufficient time for the party to prepare for the meeting, interview, or hearing as the case may be, and will include relevant details such as the date, time, location, purpose, and participants.  Unless a specific number of days is specified elsewhere in this policy, the sufficient time to be provided will be determined in the sole discretion of the University, considering all the facts and circumstances, including, but not limited to, the nature of the meeting, interview, or hearing; the nature and complexity of the allegations at issue; the schedules of relevant University officials; approaching holidays or closures; and the number and length of extensions already granted.

XLI.               OTHER FORMS OF DISCRIMINATION

This policy applies only to Sexual Harassment.  Complaints of other forms of sex discrimination are governed by the University’s Non‑Discrimination and Equal Employment Opportunity and Anti‑Discrimination policies.

XLII.             EDUCATION

The University offers educational programming to a variety of groups such as:  campus personnel; incoming students and new employees participating in orientation; and members of student organizations.  Among other elements, such training will cover relevant definitions, procedures, and sanctions; will provide safe and positive options for bystander intervention; and will provide risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks.  To learn more about education resources, please contact the Title IX Coordinator.

XLIII.          OUTSIDE APPOINTMENTS, DUAL APPOINTMENTS, AND DELEGATIONS

The University retains discretion to retain and appoint suitably qualified persons who are not University employees to fulfill any function of the University under this policy, including, but not limited to, the investigator, hearing officer, administrative officer, informal resolution officer, and/or appeal officer.

The University also retains discretion to appoint two or more persons to jointly fulfill the role of investigator, hearing officer, administrative officer, informal resolution officer, and/or appeal officer.

The functions assigned to a given University official under this policy, including but not limited to the functions assigned to the Title IX Coordinator, investigator, hearing officer, administrative officer, informal resolution officer, and appeal officer, may, in the University’s discretion, be delegated by such University official to any suitably qualified individual and such delegation may be recalled by the University at any time.

XLIV.           TRAINING

The University will ensure that University officials acting under this policy, including but not limited to the Title IX Coordinator, investigators, hearing officers, administrative officers, informal resolution facilitators, University provided advisors, and appeal officers receive training in compliance with 34 C.F.R. § 106.45(b)(1)(iii) and any other applicable federal or state law. When you collapse this section of the page, you will see a section titled "Training," where you can engage with the training materials.

XLV.             RECORDKEEPING

The University will retain those records specified in 34 C.F.R. § 106.45(b)(10) for a period of seven years after which point in time they may be destroyed, or continue to be retained, in the University’s sole discretion.  The records specified in 34 C.F.R. § 106.45(b)(10) will be made available for inspection, and/or published, to the extent required by 34 C.F.R. § 106.45(b)(10) and consistent with any other applicable federal or state law, including FERPA.

XLVI.           DEFINITIONS

Words used in this policy will have those meanings defined herein and if not defined herein will be interpreted according to their plain and ordinary meaning.

XLVII.        DISCRETION IN APPLICATION

The University retains discretion to interpret and apply this policy in a manner that is not clearly unreasonable, even if the University’s interpretation or application differs from the interpretation of the parties.

Despite the University’s reasonable efforts to anticipate all potential circumstances in drafting this policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably addressed by the express policy language, in which case the University retains discretion to respond to the unanticipated or extraordinary circumstance in a way that is not clearly unreasonable.

The provisions of this policy and the Hearing Procedures referenced in “Hearing” are not contractual in nature, whether in their own right, or as part of any other express or implied contract.  Accordingly, the University retains discretion to revise this policy and the Hearing Procedures at any time, and for any reason.  The University may apply policy revisions to an active case provided that doing so is not clearly unreasonable.

Rights of the Parties in an Institutional Proceeding

During the course of the process described in the previous section, both the accuser and the individual accused of the offense are entitled to:

1. A prompt, fair and impartial process from the initial investigation to the final result.
   • A prompt, fair and impartial process is one that is:
     • Completed within reasonably prompt timeframes designated by the institution’s policy, including a process that allows for the extension of timeframes for good cause, with written notice to the accuser and the accused of the delay and the reason for the delay.
     • Conducted in a manner that:
       • Is consistent with the institution’s policies and transparent to the accuser and the accused.
       • Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
       • Provides timely access to the accuser, the accused and appropriate officials to any information that will be used during the informal and formal disciplinary meetings and hearings.
     • Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
2. Proceedings conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
   • The University’s Title IX Coordinator Ms. Kimberly Brant Schmelzle, and other members of the University’s Title IX response team received Title IX Coordinator/Investigator/Hearing Officer/Advisor Training in September 2020, prepared by legal counsel Husch Blackwell. 
     • Though not currently a practicing attorney in her role as Title IX Coordinator at the University, Mrs. Schmelzle is a licensed attorney in Missouri and Kansas that has practiced both as a civil attorney and as a prosecutor handling domestic violence, sexual assault and stalking cases prior to joining the University. In addition to her past on-job training, Mrs. Schmelzle has received Child First Protocol training.  Also, in the past three years, Ms. King has participated in several Title IX/VAWA-related training provided by the National Association of College and University Attorneys (NACUA) and several important pieces of the instruction supplied by the law firm Husch Blackwell’s higher education team.  Some of the topics covered at these trainings include:
     • Husch Blackwell-The Impact of Title IX Regulations on Faculty and Employees; NASPA webinar on new Title IX regulations, NACUA Title IX regulations Briefing; NACUA Title IX: Department of Education’s Final Rules on Sexual Harassment; Husch Blackwell Before New Title IX Rules Drop; NACUA Compliance conference-Department of Education’s Notice of Proposed Rulemaking on Title IX. Annual KC Labor and Employment Seminar 2018, 2019 and 2020 sponsored by Husch Blackwell which included Title IX, Regulations and their Effect on your Campus
3. The same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The institution may not limit the choice of advisor, but may establish limits regarding the extent to which that advisor may participate in the proceeding, as long as those limits apply equally to both parties.
4. Have the outcome determined using the preponderance of the evidence standard.
5. Simultaneous, written notification of the results of the proceeding, any procedures for either party to appeal the result, any change to the result, and when the result becomes final. For this purpose, “result” means “any initial, interim and final decision by an official or entity authorized to resolve disciplinary matters” and must include the rationale for reaching the result and any sanctions imposed.

Possible Sanctions or Protective Measures that the University May Impose for Dating Violence, Domestic Violence, Sexual Assault, or Stalking Offenses

• Following a final determination in the University’s disciplinary proceeding that one of the above offenses has been committed, the University may impose penalties depending on mitigating and aggravating circumstances involved.  For employees, potential sanctions include progressive discipline, counseling, limitations on activities or access to certain events or facilities, training, separation of the parties, written reprimand, no trespass orders, probation, suspension, demotion, or termination.  For students, potential sanctions include limitations on activities or access to certain events or facilities, mandated educational programming or training, fines, restitution, delaying or postponing honors or degrees, counseling, mental health assessment, suspension or termination of student employee job or leadership positions, community service, written apologies,  reflective paper, separation of the parties, no-trespass orders, written reprimand, full or partial housing bans, probation, suspension, and expulsion, conditions upon re-enrollment after suspension or expulsion.

Student suspensions from the University result in the exclusion of the student from participating in any academic or non-academic activity of the University for a stated period of time.  A suspension is typically for one term or one academic year but can be longer depending on the seriousness of the offense.  To be considered for re-admission, suspended students must reapply for admission to the University and be in full compliance with any and all conditions imposed by the Title IX office or Disciplinary Hearing Committee (whichever applies).

Employee suspensions from the University result in the exclusion of the employee from participating in any job-related functions or activities, academic or non-academic activity of the University for a stated period of time.  A suspension is typically for one term or one academic year but can be longer depending on the seriousness of the offense.  To be considered for return to job duties, suspended employees must be in full compliance with any and all conditions imposed by the Title IX office and/or the Human Resource Office.

In addition, the University can make available to the victim a range of protective measures.  They include:  forbidding the accused from entering the victim’s residence hall and from communicating with the victim, other institutional no-contact orders, security escorts, modifications to academic requirements or class schedules, changes in working situations, etc.

Publicly Available Recordkeeping

The University will complete any publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifiable information about victims of dating violence, domestic violence, sexual assault, and stalking who make reports of such to the University to the extent permitted by law.

Victims to Receive Written Notification of Rights

When a student or employee reports to the University that he or she has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off-campus, the University will provide the student or employee a written explanation of his or her rights and options as described in the paragraphs above.

Sex Offender Registration Program

The Campus Sex Crimes Prevention Act of 2000 requires institutions of higher education to advise members of the campus community where they can obtain information provided by the state concerning registered sex offenders. It also requires sex offenders to notify the state of each institution of higher education in the state at which they are employed or enrolled or carrying on a vocation. The state is then required to notify the University of any such information it receives. Anyone interested in determining whether such persons are on this campus may do so by contacting the Chief of Department of Safety and Security at 816-501-4659. State registry of sex offender information may be accessed at the following link: http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/SOR/SORPage.html

Timely Warnings and Emergency Response

Timely Warnings

In the event of criminal activity occurring either on campus or off campus that in the judgment of the Dean of Students/Vice President, University’s Title IX Coordinator, and the Chief of Department of Safety and Security constitutes a serious or continuing threat to members of the campus community, a campus-wide “timely warning” will be issued. Examples of such situations may include a sexual assault or a series of motor vehicle thefts in the area that merit a warning because they present a continuing threat to the campus community. Warnings will be communicated to students and employees via one or more of the methods discussed later in this section. Updates to the warnings will be provided as appropriate.

Anyone with information warranting a timely warning should immediately report the circumstances to:

• The Chief of Department of Safety and Security, 816-501-4010
• Dispatch Communication Center, 816-501-4010
• Director of Residence Life/Associate Vice President for Student Development, 816-501-4843
• University’s Title IX Coordinator, 816- 501-4036
• Dean of Students/Vice President for Student Development & Athletics, 816-501-4030

The University has communicated with local law enforcement asking them to notify the University if it receives reports or information warranting a timely warning.

Emergency Response

The University has an emergency management plan designed to ensure there is a timely and effective response in the event of a significant emergency or dangerous situation occurring on campus involving an immediate threat to the health or safety of members of the campus community. Such situations include, but are not limited to: tornadoes, bomb threats, chemical spills, disease outbreaks, fires, active shooters, etc.  The University has communicated with local police requesting their cooperation in informing the University about situations reported to them that may warrant an emergency response.

Students, staff, and visitors are encouraged to notify the Chief of the Department of Safety and Security at 816-501-4010 of any emergency or potentially dangerous situation.

If the report of the emergency does not come from an authoritative source (such as law enforcement, weather station, or health agency), the Rockhurst University Department of Safety and Security will respond immediately to determine the type and extent of the emergency.  That information will be directed to the Department of Safety and Security Dispatch Center, where it will then be forwarded to the Chief of Department of Safety Security and other designated University officials in the Emergency Operations Plan.  They will convene, initially by phone and ultimately in the Incident Command Post according to the Rockhurst University Emergency Operations Plan, which conforms to the requirements contained in FEMA’s National Incident Management System (NIMS).

When an emergency happens, a response is guided by the Emergency Operations Plan of the university.

• Response to campus emergencies is carried out by a First Responder Department. In most cases, the first responder will be the University’s Department of Safety and Security, who will evaluate the incident, make the determination that an emergency exists by evaluating the casualties, possible danger to others because of the situation (damaged buildings, active shooter, power failure, flood etc.).The first responders will then facilitate the contact of outside responders, carry out first aid and other immediate emergency response procedures, including the activation of the university’s Emergency Operations Plan.
• A message to the campus will be disseminated as rapidly as needed. Either an emergency alert (action information) or an emergency notification (non-action communication for information only) will be created. After choosing which message to send, a decision will be made as to the audience that it will be sent (in some situations, only a segment of the campus community may need to receive a notification, as determined by the appropriate University officials).
• An alert officer (four are available) is then contacted and directed to send the message to the audience. After the first fifteen minutes, the Emergency Operations Staff convenes and begins working on the situation. Additional updates will flow from the Incident Command Post under the guidance of the Incident Commander, Liaison Officer, Public Information Team Leader, and the Safety Officer. Information will continue to be presented by the Alert Officers as directed by the Public Information Officer.
• The University will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist the victim or to contain, respond to or to otherwise mitigate the emergency.
• Formulating the content of the notification to be disseminated to the campus community on an ongoing basis after the first fifteen minutes will be done using the following criteria:
  • Description of events that have occurred: tornado, fire, explosion with a damage estimate including the extent of the crisis. Active shooter or hostage situation with instructions to Run, Hide, Fight. Including casualty reports and damage estimates. Should also include other problems, such as gas main, water main or electrical problems that impact the situation. Information on damage to or casualties in the city or immediate area should be included.
  • Details of how members of the campus community should respond to the situation; for example, in the event of a tornado warning, the campus will be notified via city-wide siren activation, bell tower alert tone, textcaster messaging, campus email. Fire alarms will sound in the event of a fire. All buildings are equipped with fire, tornado evacuation procedures, and with Run, Hide, Fight Instructions in the event of an armed intruder.
  • Run, Hide, Fight – This is the recommended method of the Rockhurst Department of Safety and Security for informing the campus on what measures to take in the event of an armed intruder. The meaning of Run, Hide, Fight is illustrated in the below diagram:

Run	Hide	Fight
Have an escape route and plan in mind	Hide in an area out of the shooter's view	As a last resort and only when your life is in imminent danger
Leave your belongings behind	Block entry to your hiding place and lock the door	Act with aggression and throw items at the active shooter
Keep our hands visible	Silence your cell phone and/or pager	Attempt to incapacitate the shooter

The Chief of the Department of Safety and Security will direct the issuance of emergency notifications, which will be accomplished using one or more of the methods discussed later in this section, depending on the nature of the threat and the segment of the campus community being threatened.

If determined necessary based on the circumstances, the University’s Department of Safety and Security will notify local law enforcement of the emergency if they are not already aware of the event. Local media outlets may be notified by local law enforcement to inform the larger community (outside the campus) of the emergency.

The President’s Office, the Office of Public Relations and Marketing, the Academic Dean’s Office, and the Dean of Students’ Office will notify other campus constituents of the emergency and its ongoing requirements.  These include but are not limited to the following: Board of Trustees, Regents, Parents, other relevant organizations, and institutions in the surrounding area.

Methods for Issuing Timely Warnings and Emergency Notifications

The method(s) listed below may be utilized when the University issues a timely warning or emergency notification to the campus community.

Method	Sign-Up Instructions
Security Notices via email	N/A
Three main residence halls, McGee, Corcoran, and Xavier-Loyola are equipped with paging systems	N/A
CampusEye Mobile Phone App	Free service to University. Sign up by downloading software from your mobile app store. Obtain University code from Rockhurst University Department of Safety and Security Dispatcher.
Rockalerts Notification System	This is a free service. Sign up at: https://my.textcaster.com/asa/Default.aspx?ID=5cf7b002-2ca8-44c7-8f98-4719cd463412

Testing & Documentation

Testing Emergency Procedures, Training & Documentation

• Emergency Operations Plan (EOP) is reviewed annually and updated as needed.
• Delivery of emergency information to campus is tested at least once per semester; includes text messaging, bell tower, selected code blue towers, and other P.A. Announcements, campus email. These are announced tests and a record describing how the test was conducted. The date and time of the test are on file in the Department of Safety and Security. 
• Tabletop exercise of a selected emergency - This is an announced exercise with an invited participant list. A record of the exercise, including what was involved and an evaluation of its effectiveness along with the date and time of the exercise, are kept on file in the Department of Safety and Security.
• Fire Drills in all campus buildings once each fall - Tornado drills in all campus buildings once each Spring. Residence hall fire drills once per semester. Drill records on file in the Department of Safety and Security. Fire drills are announced by date and day. The time of the drill is never announced. The location, date, day, and time of the drill are recorded as well as information on the exercise itself (how long did evacuation take). It is then kept on file in the security office.
• Members of the Emergency Response Teams, including all members of the Incident Command System as outlined in the EOP (Emergency Operations Plan) receive annual training on the EOP.

The Chief of the Department of Safety and Security maintains a record of these tests and training exercises, including a description of them, the dates and times they were held, and an indication of whether they were announced or unannounced. In connection with at least one such test, the University will distribute to its students and employees information to remind them of the University’s emergency response and evacuation procedures.

Missing Student Policy

If a member of the University community has reason to believe that a student who resides in on-campus housing is missing, that information should be reported immediately to the Dean of Students/Vice President at 816-501-4030 and the Chief of Safety and Security at 816-501-4010. Anyone receiving a missing student report will immediately notify campus security (or local law enforcement, if necessary) so that an investigation can be initiated.

In addition to registering a general emergency contact, students residing in on-campus housing have the option to identify confidentially an individual to be contacted by the University only in the event the student is determined to be missing for more than 24 hours. If a student has identified such an individual, the University will notify that individual no later than 24 hours after the student is determined to be missing. The option to identify a contact person in the event the person is determined missing is in addition to identifying a general emergency contact person, but they can be the same individual for both purposes. A student’s confidential contact information will be accessible only by authorized campus officials and law enforcement in the course of the investigation.

Rockhurst University follows the procedure outlined below whenever a student WHO RESIDES in a campus residential facility is reported to be missing for 24 hours.  If the circumstances of the disappearance are such that a student’s well-being is possibly in jeopardy, a missing person investigation can be commenced more quickly.

A student can be reported missing to any of the following campus officials:

1. Campus Department of Safety and Security, red phone, code blue phone, or dialing ext. 4010. A cell phone can be used to contact via (816) 501-4659
2. Kansas City, Missouri Police Department. 911
3. Vice President for Student Development and Dean of Students, ext. 4127
   • Associate Dean of Students – Residence Life, ext. 4843
   • Associate Dean of Students-Director of New Students/Retention, ext. 4869
4. Residence Life Staff, including
   • Assistant Director, Residence Life/Conference Services, ext. 4126
   • Assistant Director, Residence Life/Multi-Cultural Education Coordinator, ext. 3571
   • Any residence hall, THV or OCH Resident Director
   • Any residence hall, THV, or OCH residence advisors
5. Director of Student Life, ext. 4541
   • Assistant Director of Student Life, ext. 4398
6. Counseling Center Staff, ext. 4275
7. Campus Ministry Staff, ext. 4063
8. Learning Center Staff, ext. 4052
9. Deans Office (Arts & Science)ext. 4075
10. Deans Office (H.S.O.M)ext. 4122
11. Deans Office (G.PS.)ext. 4581

Note:  Anyone can receive information on a missing student, including other students.  Whoever receives information needs to report the information to the Department of Safety and Security immediately. 

All students residing in campus residential facility (McGee, Corcoran, Xavier-Loyola, THV, Rock Row, or any OCH) have the option of identifying a confidential contact person or persons whom Rockhurst will contact within 24 hours of the determination that a student is missing, if the student is determined missing by the Rockhurst Department of Safety and Security or the Kansas City, Missouri Police Department.  This is different from the normal emergency contact that a student may list.

1. To protect confidentiality, general emergency contact information will not be used to make a missing student notification.  Although a student may use the same person for both purposes, the student must still specifically exercise the option of identifying a confidential contact person for notification in the event the student goes missing.
2. Contact information provided by students will be registered confidentially and will be accessible only to authorized campus officials (Rockhurst Security, Rockhurst Administration). The information will not be disclosed, except to law enforcement personnel in the furtherance of the missing person’s investigation.
3. Students are advised that if they are under 18 years of age and are not emancipated, the institution must notify a custodial parent or guardian within 24 hours of the determination that the student is missing, in addition to notifying any additional contact person designated by the student.
4. The institution will notify the Kansas City, Missouri Police Department within 24 hours of the determination that the student is missing, unless the Kansas City, Missouri Police Department was the entity that made the determination that a student is missing.

Missing Student Notification Procedures

1. If someone reports that a student who resides on campus is missing, a missing person report will be completed by the Department of Safety and Security Immediately.
2. If the Department of safety and Security Determines that the student has been missing for 24 hours. Or the circumstances indicate a student is in jeopardy even under that time frame; the following specific procedures will be followed:
   • If a student has a designated contact person, they will be notified within 24 hours
   • If a student is under 18 years old and is not emancipated, their custodial parent or guardian and any other designated contact person will be notified within 24 hours.
   • Regardless of whether the student has identified a contact person, is above the age of 18, or is an emancipated minor, the Kansas City, Missouri Police Department will be notified when it has been determined that a student has been missing for 24 hours. 

Crime Statistics

The statistical summary of crimes for this University over the past three calendar years is as follows:

Clery Act Crimes Chart 2021

Criminal Offenses	Location	2018	2019	2020
Murder/Non-Negligent Manslaughter	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Negligent Manslaughter	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Robbery	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	1	1
	Public Property	0	0	0
	Total	0	1	1
Aggravated Assault	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Burglary	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Motor Vehicle Theft	On-Campus	0	1	1
	*Student Housing	0	0	0
	Non-Campus	1	1	1
	Public Property	0	0	0
	Total	1	2	2
Arson	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0

 

Sex Offenses	Location	2018	2019	2020
Rape	On-Campus	7	1	3
	*Student Housing	7	1	3
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	7	1	3
Fondling	On-Campus	7	1	3
	*Student Housing	6	1	3
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	7	1	3
Incest	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Statuatory Rape	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Sex Offense Totals	On-Campus		2	6
	*Student Housing	13	2	6
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total		2	6

 

Violence Against Women Acts	Location	2018	2019	2020
Domestic Violence	On-Campus	3	0	0
	*Student Housing	1	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	3	0	0
Dating Violence	On-Campus	1	2	0
	*Student Housing	1	2	0
	Non-Campus	1	0	0
	Public Property	0	0	0
	Total	2	2	0
Stalking	On-Campus	0	2	1
	*Student Housing	0	2	1
	Non-Campus	1	0	0
	Public Property	0	0	0
	Total	1	2	1
Violence Against Women Acts Totals	On-Campus	3	4	1
	*Student Housing	4	4	1
	Non-Campus	3	0	0
	Public Property	0	0	0
	Total	3	4	1

 

Disciplinary Referrals	Location	2018	2019	2020
Weapons Violation	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Drug Violation	On-Campus	7	0	0
	*Student Housing	7	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	7	0	0
Liquor Law Violation	On-Campus	101	59	50
	*Student Housing	95	59	50
	Non-Campus	10	9	4
	Public Property	0	0	0
	Total	101	68	54
Unfounded	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0

 

Arrests	Location	2018	2019	2020
Weapons Violation	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Drug Violation	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	0	0	0
	Public Property	0	0	0
	Total	0	0	0
Liquor Law Violaton	On-Campus	0	0	0
	*Student Housing	0	0	0
	Non-Campus	1	0	0
	Public Property	0	0	0
	Total	1	0	0

*On-Campus Student Housing Facilities statistics are a subset of the On-Campus statistics, i.e., they are counted in both categories.

Hate crimes:

2020: No hate crimes reported.
2019: No hate crimes reported.
2018: No hate crimes reported.

Crimes unfounded by the University:

2020: 0 unfounded crimes.
2019: 0 unfounded crimes.
2018: 0 unfounded crimes.

Statistics for unfounded crimes provided by law enforcement agencies:

2020: 0 unfounded crimes.
2019: 0 unfounded crimes.
2018: 0 unfounded crimes.

Data from law enforcement agencies:

• The data above reflects statistics provided by law enforcement agencies related to crimes that occurred on the University’s Clery Geography.
• The University was provided with some crime data from law enforcement agencies for which it cannot be determined whether any of the statistics apply to or include the University’s Clery Geography. 
• Certain law enforcement agencies did not comply with the University’s request for crime statistics.

Annual Fire Safety Report

Housing Facilities and Fire Safety Systems

The University maintains on-campus housing for its students. These facilities were built at different times and have a variety of fire safety systems installed within them.  Periodically the University also conducts fire drills. The following chart lists each housing facility, the fire safety system or systems within it and the number of fire drills conducted during the previous calendar year.

Campus: Rockhurst University, 1100 Rockhurst Rd, Kansas City, MO 64110-2561

Facility	Fire Alarm Monitoring Done on Site	Partial Sprinkler System	Full Sprinkler System	Smoke Detection	Fire Extinguisher Devices	Evacuation Plans & Placards	Number of evacuation (fire) drills
Corcoran Hall, 1321 Rockhurst Rd	X			X	X	X	2
McGee Hall, 5314 Forest Ave	X			X	X	X	2
Xavier Loyola Hall, 1334 E 53rd St	X			X	X	X	2
THV Com. Center, 1411 Rockhurst Rd				X	X	X	0
THV 100, 1403 Rockhurst Rd				X	X		2
THV 200, 1405 Rockhurst Rd				X	X		2
THV 300, 1407 Rockhurst Rd				X	X		2
THV 400, 1409 Rockhurst Rd				X	X		2
Jesuit Res A +, 5133 Forest				X	X		0
Jesuit Res B +, 5138 Tracy				X	X		2
1300 Rockhurst Rd				X	X		0
OCH, 1302 Rockhurst Rd				X	X		0
OCH, 5104 Forest				X	X		0
OCH, 5106 Forest				X	X		0
OCH, 5107 Forest				X	X		0
OCH, 5110 Forest				X	X		0
OCH, 5111 Forest				X	X		0
OCH, 5112 Forest				X	X		0
OCH, 5118 Forest				X	X		0
OCH, 5119 Forest				X	X		0
OCH, 5125 Forest				X	X		0
OCH, 5126 Forest				X	X		0
OCH, 5129 Forest				X	X		0
OCH, 5404 Forest #A				X	X		0
OCH, 5404 Forest #B				X	X		0
OCH, 5404 Forest #C				X	X		0
OCH, 5404 Forest #D				X	X		0
OCH, 5410 Forest #A				X	X		0
OCH, 5410 Forest #B				X	X		0
OCH, 5410 Forest #C				X	X		0
OCH, 5410 Forest #D				X	X		0
OCH, 5414 Forest				X	X		0
OCH, 5424 Forest				X	X		0
OCH, 5426 Forest				X	X		0
OCH, 5428 Forest				X	X		0
OCH, 5430 Forest				X	X		0
OCH, 5433 Forest				X	X		0
OCH, 5434 Forest #A Duplex				X	X		0
OCH, 5434 Forest #B Duplex				X	X		0
OCH, 5400 Tracy				X	X		0
OCH, 5416 Tracy				X	X		0
OCH, 5423 Tracy				X	X		0
OCH, 5410 Virginia				X	X		0
OCH, 5413 Virginia				X	X		0
OCH, 5419 Virginia				X	X		0
OCH, 1314 Rockhurst Rd				X	X		0
OCH, 1330 Rockhurst Rd				X	X		0
OCH, 5128 Forest				X	X		0
OCH, 5130 Forest				X	X		0
OCH, 5132 Forest				X	X		0
OCH, 5135 Forest				X	X		0
OCH, 5421 Forest #A Duplex				X	X		0
OCH, 5421 Forest #B Duplex				X	X		0
OCH, 5447 Forest				X	X		0
OCH, 5427 Tracy				X	X		0
OCH, 5437 Tracy					X	X	0

 

Policies on Portable Appliances, Smoking, and Open Flames

On-Campus Student Housing Facility-Fire Regulations

1. Restricted Appliances: University fire, safety, and sanitation regulations prohibit the use of certain items and appliances in the residence rooms. Items not allowed are: Exposed heating coils (i.e., hot plates and toaster ovens), extension cords, air conditioners, waterbeds, ceiling fans, Christmas Lights, and halogen lamps.
2. Residence Hall Rooms are not designed for cooking. Only small appliances with completely enclosed coils are permitted (i.e., hot pots, coffee pots, and George Foreman Grills). You are encouraged to plug your appliances into an outlet strip with a breaker that is U.L. Approved. The University is not responsible for damage to appliances due to power outages or surges. We recommend the purchase of a surge protector for computer and stereo equipment.
3. Residents/guests are not allowed to tamper with or disarm any smoke detector or fire safety device in any residence hall room, THV Unit, OCH Unit, including any common area. P. 139, Student Planner.
4. Smoke/Tobacco-Free Facilities: All residential facilities are considered smoke and tobacco-free. No smoking is allowed in any facility. This includes the individual rooms, apartments, bathroom/shower facilities, and public areas. Violation will result in a minimum of a monetary fine. All buildings have posted signage notifying residents and guests of appropriate distances smoking is allowed from on-campus buildings.
5. Open Flames: No open flames of any type are permitted. Candles (or decorative candles) are not allowed for any reason. The burning of incense and the possession of combustible chemicals are strictly prohibited. Grills provided by the University may only be used in the Townhouse Village with the exception of grills used by the occupants of an On-Campus House-OCH. Portable grills are allowed at the On-Campus Houses, but must be kept outside and not used under any porch, balcony, or roof overhang and must be at minimum five (5) feet from the sides of any house. Fire pits are not permitted on campus property.

Fire Evacuation Procedures

All traditional residence halls, McGee, Xavier-Loyola and Corcoran have evacuation maps posted in each building and on each resident’s door.  Written evacuation instructions are located at every elevator landing or stairwell on each floor.  Townhouse Village and On-Campus Housing residents are instructed upon move-in to familiarize themselves with all evacuation points on their individual THV Unit and every OCH House.   

In the event of a fire, the University expects that all campus community members will evacuate by the nearest exit, closing doors and activating the fire alarm system (if one is nearby) as they leave (or contact security using a red phone, code blue phone, dialing 4010 from any on-campus phone, or dialing 816-501-4010 by cell phone).  If circumstances permit at the time of the alarm, additional instructions will be given regarding where students and/or staff are to relocate.

Fire Education and Training Programs

Fire safety education programs for all residents of on-campus student housing and all employees with responsibilities related to that housing are held at the beginning of each academic year as part of orientation. Their purpose is to: familiarize everyone with the fire safety system in each facility, train them on procedures to follow if there is a fire and inform them of the University’s fire safety policies. Information distributed includes maps of each facility’s evacuation route and any fire alarms and fire suppression equipment available in the facility. Attendees are advised that participation in fire drills is mandatory and any student with a disability is given the option of having a “buddy” assigned to assist him or her.  Additional instructions are given during fire drills.

Reporting Fires

The University is required to disclose each year's statistical data on all fires that occurred in on-campus student housing facilities. When a fire alarm is pulled and/or the fire department responds to a fire, these incidents are captured. However, there may be instances when a fire is extinguished quickly and an alarm is not pulled or a response by the fire department was not necessary.  It is important that these incidents be recorded as well. Therefore, if you are aware of such a fire, see evidence of one or hear about one, you should contact the following:  Chief of Safety and Security at 816-501-4010.  When notifying the Chief of Safety and Security about a fire as much information as possible about the location, date, time and cause of the fire should be provided.

Plans for Future Improvements

The University periodically reviews its fire safety protections and procedures. At this time, it has no plans for future improvements.

Saint Luke's College of Health Sciences

2021 ANNUAL SECURITY REPORT 

Introduction

This report is provided in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended. During March 2020 St. Luke’s College of Health Sciences merged with Rockhurst University. Accordingly, this report provides students and employees of St. Luke’s College of Health Sciences (“College” or “St. Luke’s”) at Rockhurst University (“University”) with information on: the College’s security arrangements, policies and procedures; programs that provide education on such things as drug and alcohol abuse, awareness of various kinds of sex offenses, and the prevention of crime generally; and procedures the College will take to notify the campus community in the event of an emergency. Its purpose is to provide students and employees with information that will help them make informed decisions relating to their own safety and the safety of others.
 

Policy for Preparing the Annual Report

Policy for Preparing the Annual Report

This report is prepared by the Chief of the Department of Safety and Security of Rockhurst University, Randy Hopkins, in cooperation with local law enforcement authorities and includes information provided by them as well as by the University’s campus security authorities and various other elements of the University. Each year an email notification is made to all enrolled students and employees that provides the website link to access this report. Prospective students and employees are also notified of the report’s availability. Hard copies of the report may also be obtained at no cost by contacting 5401 Troost, Kansas City Missouri, 64110. 816-501-4010. The University is committed to taking the actions necessary to provide a safe and secure working/learning environment for all students and staff. As a member of the campus community, you can feel safe and comfortable knowing that security procedures are in place that represent best practices in the field, and are constantly tested and re-evaluated for their effectiveness.

General Safety and Security Policies

Campus Security Personnel & Relationship with Local Law Enforcement

The Department of Safety and Security is responsible for campus safety at the College.

All Department of Safety and Security personnel are commissioned as private police officers in accordance with the authority vested in the Kansas City Board of Police Commissioners under section 84.720 RSMo., Title 17 CSR 10-2.010/020/030/040/050/055/060. All personnel have a Class A license and are designated as either a patrol agent or a private investigator. Selected personnel in Administration and Operations are qualified to carry firearms. Whether armed or unarmed, all personnel have the power of arrest as assigned by the administration of the Department of Safety and Security and the University. This authority is granted under Title 17 outlined above. The University Department of Safety and Security patrols an area that includes the surrounding neighborhood for a radius of one block in all directions.

All crimes occurring on campus, on non-campus property owned by the University, or on nearby public property should be reported immediately to the Chief of Safety and Security. The number to contact is 816-501-4010.

The University has a written agreement with Saint Luke’s Hospital Security Department to provide information and minimal support regarding crimes related to the Westport campus; however, it does not have any written agreements with local law enforcement agencies. It maintains a close working relationship with the local police.

Campus Security Authorities

The University has designated certain officials to serve as campus security authorities. Reports of criminal activity can be made to these officials. They, in turn, will ensure that the crimes are reported for collection as part of the University’s annual report of crime statistics. The campus security authorities to whom the University would prefer that crimes be reported are listed below.

• Vice President & Dean of Students Dr. Matt Quick at 816-501-4030
• Associate Vice President for Student Development Mark Hetzler at 816-501-4843
• Director of New Students/Access Coordinator/Assistant Dean of Students Mindy Pettegrew at 816-501-4689
• Associate Dean of Students & Families Marcia Ladage at 816-936-8716
• Human Resources Director Barbara Upton Garvin at 816-501-4555
• Athletic Director Gary Burns at 816-501-4854
• Assistant Director of Residence Life Emily Kempf at 816-501-3571
• Assistant Director of Residence Life Emma Rapp at 816-501-4398
• Assistant Athletic Director Mike Koehler at 816-501-4331
• Assistant Athletic Director Kathy Strecker at 816-501-4857
• Assistant Director of Residence Life Grant Carlson at 816-501-4126
• Assistant Athletic Director Kathy Strecker at 816-501-4857
• Resident Director Corcoran Jordan Tarango at 816-501-1100
• Resident Director Xavier-Loyola Hall – Kellie Rodriguez at 816-501-2107
• Student Activity Director/Greek Life Angie Carr-Robinette at 816-501-4541
• Resident Director Corcoran Jordan Tarango at 816-501-1100
• Resident Director McGee Hall Brey Primous at 816-501-3100
• Area Coordinator Jordan Schwabauer at 816-501-4429
• Student Success Coach Ashley Halter at 816-501-4867
• Director of Compliance and Risk Management Kimberly Brant Schmelzle at 816-501-4036
• Chief of Department of Safety and Security Randy Hopkins at 816-501-4659
• Captain with the Department of Safety and Security Leonard Patterson at 816-501-3524

Reporting a Crime or Emergency

The University encourages accurate and prompt reporting of all criminal actions, emergencies, or other incidents occurring on campus, on other property owned by the University, or on nearby public property to the appropriate administrator and appropriate police agencies. Such a report is encouraged even when the victim of a crime elects not to make a report or is unable to do so.

• Situations that pose an imminent danger or crimes in progress on the Westport Campus should be reported to law enforcement by calling 911 and immediately reported to the Department of Safety and Security by calling (816) 501-4010 from any campus phone or cell phone. Dispatchers are available 24 hours a day. Keep in mind that the individual making the call from a cell phone will need to provide the address where the emergency has occurred.
• Students, staff, and visitors should report criminal actions, accidents, injuries, or other emergency incidents to the Rockhurst University Department of Safety and Security or one of the campus security authorities identified above. Once reported, the individual making the report will also be encouraged to report it to appropriate police agencies. If requested, a member of the University staff will assist a student in making the report to the police.

Confidential Reporting

The College will protect the confidentiality of victims. Only those with a need to know the identity to investigate the crime, assist the victim, or discipline the perpetrator will know the victim’s identity.

Any victim of a crime who does not want to pursue action within the College (which is the same as that for the University) disciplinary system or the criminal justice system is nevertheless encouraged to make a confidential report to a campus security authority. With the victim’s permission, a report of the details of the incident can be filed without revealing the victim’s identity. Such a confidential report complies with the victim’s wishes but still helps the University take appropriate steps to ensure the future safety of the victim and others. With such information, the University can keep an accurate record of the number of incidents involving students, determine where a pattern of crime may be developing, and alert the community to any potential danger. These confidential reports are counted and disclosed in the annual crime statistics for the University.

The College encourages its pastoral and professional counselors, if and when they deem it appropriate, to inform the person they are counseling to report crimes on a voluntary, confidential basis for inclusion in the annual report of crime statistics.

Security of and Access to Campus Facilities

Access to campus facilities at the St. Luke’s campus is controlled at all times. The exterior doors are card access controlled 24/7. Enrolled students are issued identification badges from the IT department of St. Luke’s. Identification badges must be worn at all times when students are at the St. Luke’s campus and in all clinical practice environments. The identification badge is required for admittance into the building and other controlled areas of St. Luke’s location. Identification badges are not transferable, and the badge may not be loaned to anyone and must be returned when the student is no longer enrolled at the College University. The College requires that all students vacate the building before 10:00 pm daily.

In order to provide a safe and positive learning environment for all students, children and/or guests are not allowed to accompany students to any learning setting. All visitors are to enter through the main entrance and sign in with the front desk.

Saint Luke’s Hospital Security (SLH) Officers make rounds of the College. Persons found in buildings after hours will be asked to show identification, and those who are in the buildings without proper authorization will be referred for disciplinary and/or criminal action.

Students and employees are asked to be alert and to not circumvent practices and procedures that are meant to preserve their safety and that of others:

• Do not prop doors open or allow strangers into campus buildings that have been secured
• Do not lend keys or access cards to non-students and do not leave them unattended
• Do not give access codes to anyone who does not belong to the campus community

Keys to the offices, laboratories, and classrooms on campus will be issued to employees only as needed and after receiving the proper authorization.  Each department supervisor is responsible for assuring his/her area is secured and locked.

Employee and student identification cards may be used to verify the identity of persons suspected to be in campus facilities without permission.

Security Considerations in the Maintenance of Facilities

SLH Security Department and Facilities, together with the Director of Bursar Operations, work together to identify needs on the campus when maintaining campus facilities. They do safety checks to the exterior and interior lights that are not working, smoke detector testing, or landscaping that might need trimming.  Anyone aware of a maintenance issue that presents a safety or security risk is encouraged to report it to Bursar Operations Director. Maintenance personnel regularly check to ensure pathways are well lighted and that egress lighting is working in hallways and stairwells.

Educational Programs Related to Security Awareness and Prevention of Criminal Activity

The University seeks to enhance the security of its campus and the members of the campus community by periodically presenting educational programs to inform students and employees about campus security procedures and practices, to encourage students and employees to be responsible for their own security and the security of others and to inform them about the prevention of crimes. These programs, which also cover the St. Luke’s campus, are discussed below.

The first type of program consists of training to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others. A description of this training and the frequency of its presentation follows:

• Within the first few weeks of each semester, information is sent to the Saint Luke’s College of Health Sciences community via email regarding policies and procedures related to campus security.
• During the Orientation of each semester, SLH Security officers provide information and tips on how to be safe on campus, and/or informational safety brochures are placed in orientation folders or placed in the student commons areas.

The second type of educational awareness program consists of training to inform students and employees about measures that can be taken to prevent crimes. This training includes guided information in the Student Core for Active Shooter and Student Safety Tips. Additional SLH Security training for employees focuses on de-escalating aggressive behavior, active shooter, and crime prevention. 

The University also provides information to College student's on-campus security, including standard safety precautions. These are provided in the form of brochures (such as “Staying Safe on Campus”) and handouts and email communications on the use of standardized measures such as the use of badges and the availability of escort services.

Monitoring Off-Campus Locations of Recognized Student Organizations

Through local police agencies, the University monitors and records any criminal activity in which students have engaged at off-campus locations of student organizations officially recognized by the University, including student organizations with off-campus housing facilities. The College has no off-campus student organizations.

Disclosure of the Outcome of a Crime of Violence or Non-Forcible Sex Offense

Upon written request, the College will disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the College against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of the paragraph.

The previous paragraph does not apply to victims of dating violence, domestic violence, sexual assault, or stalking because, under the Violence Against Women Act, both the accused and accuser in these cases are given the results without the need to make a written request.
 

Drug and Alcohol Policy

The College is committed to creating and maintaining an environment that is free of alcohol abuse. The College prohibits the possession, use, and sale of alcoholic beverages on campus or as any part of the College’s activities unless it is done so according to applicable University policies. It also enforces the state’s underage drinking laws.

The College also enforces federal and state drug laws. The possession, sale, manufacture, or distribution of illegal drugs is prohibited under both state and federal laws. Violators of the University’s policies or federal and state laws regarding illegal drugs will be subject to disciplinary action and possible criminal prosecution.

Saint Luke’s College of Health Sciences reserves the right to require a drug test from a student or employee where there is a reasonable suspicion that its drug-free Policy has been violated. Failure to submit to a drug test is a major violation of the disciplinary rules and will result in suspension or expulsion.

Federal Drug Laws

Denial of Federal Benefits (21 U.S.C. § 862)

A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions, successful completion of a drug treatment program, including periodic testing, and appropriate community service, or any combination of the three.

Forfeiture of Personal Property and Real Estate (21 U.S.C. § 853)

Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation. A warrant of seizure may be issued and property seized at the time an individual is arrested on charges that may result in forfeiture.

Federal Drug Trafficking Penalties (21 U.S.C. § 841)

Penalties for federal drug trafficking convictions vary according to the type and quantity of the controlled substance involved in the transaction. Penalties for subsequent convictions are more severe.

In the case of a controlled substance in schedule I or schedule II, GHB, or flunitrazepam, a person shall be sentenced to a term of imprisonment of not more than 20 years. If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces the possibility of a life sentence and fines ranging up to $10 million.

In the case of a controlled substance in schedule III, a person shall be sentenced to a term of imprisonment of not more than 10 years, and if death or serious bodily injury results, shall be sentenced to a term of imprisonment of not more than 15 years or a fine not to exceed $500,000, or both, for a first offense.

For less than 50 kilograms of marijuana, the term of imprisonment shall not be more than five years, and the fine shall not be more than $250,000, or both, for a first offense.

In the case of a schedule IV substance, the term of imprisonment shall not be more than five years, and the fine shall not be more than $250,000, or both, for a first offense.

Persons convicted on federal charges of drug trafficking within 1,000 feet of an elementary school, secondary school, college, or university (21 U.S.C. § 860) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year, unless the offense involves five grams or less of marijuana.

Federal Drug Possession Penalties (21 U.S.C. § 844)

Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison, a mandatory fine of no less than $1,000, or both. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.

Drug and Alcohol State Laws

Category	Summary (Missouri Revised Statutes)
Possession of Marijuana	The use of recreational marijuana is illegal, and possession for personal use of less than 10 grams for a first offense is a misdemeanor with a maximum fine of $500 and no jail time. For a second offense, the maximum fine is $2,000 and up to one year in jail. Possessing more than 35 grams is a felony with a maximum fine of $10,000 and up to 7 years in jail. See MO. REV. STAT. § 579.015. Medical marijuana for certain conditions is allowed, and up to four ounces may be purchased every 30 days. Mo. Code Regs. Ann. tit. 19, § 30-95.030.
Controlled Substances	Missouri statutes cover a wide range of offenses related to the possession and delivery of controlled substances. See MO. REV. STAT. §§ 579.015 – 579.040. Possession of a controlled substance, except thirty-five grams or less of marijuana, is a Class D felony, with a term of up to seven years and a fine up to $10,000. See MO. REV. STAT. § 579.015. Delivery of a controlled substance other than 35 grams or less of marijuana is a Class C felony, resulting in a prison term of not less than 3 years and not more than 10 years, and a fine up to $10,000. MO. REV. STAT. §§ 558.002, 558.011. As an example, someone possessing methamphetamine faces a prison term of 7 years and a fine up to $10,000.
Alcohol and Minors	In Missouri, it is illegal for anyone under the age of 21 to possess, purchase, or attempt to purchase any intoxicating liquor, subject to a fine not to exceed $500. See MO. REV. STAT. § 311.325. A subsequent violation is a Class A misdemeanor, subject to a term of up to one year in jail and a fine not to exceed $2,000. Id. Anyone between 17–21 who represents that she/he is 21 for the purpose of obtaining intoxicating liquor is guilty of a misdemeanor. MO. REV. STAT. § 311.320. The use of a fake identification is subject to a $500 fine. Id. An attempt to purchase, or possession of alcohol, may also result in license suspension.
Driving Under the Influence (DUI)	A person is guilty of a DUI if the person has a blood alcohol concentration of 0.08 percent. A first offense results in a suspended license for 30 days and then a restricted license for 60 days, and may require a certified ignition interlock device. MO. REV. STAT. § 302.525 (2019). A second offense within five years results in a one-year restricted license and additional penalties.

Drug and Alcohol Abuse Prevention Program

The University has a drug and alcohol abuse and prevention program (“DAAPP”) applicable to the College and conducts a biennial review of this program to evaluate its effectiveness. For more information, see below.

• Alcohol and Drug Education
• Alcohol and Substance Abuse policies
• Biennial review DAAPP (available upon request from the Dean of Student's office)
   

Policies, Procedures, and Programs Related to Dating Violence, Domestic Violence, Sexual Assault, and Stalking

Rockhurst University policies, procedures, and programs related to dating violence, domestic violence, sexual assault, and stalking apply to the College. Consistent with applicable laws, the College prohibits dating violence, domestic violence, sexual assault, and stalking. The University’s policy used to address complaints of this nature, as well as the procedures for filing, investigating, and resolving complaints, may be found at:

• Title IX Sexual Misconduct Policy and Complaint Resolution Procedures

The following sections of this report discuss Saint Luke’s College of Health Sciences educational programs to promote the awareness of dating violence, domestic violence, sexual assault, and stalking; provides information concerning procedures students and employees should follow and the services available in the event they do become a victim of one of these offenses and advises students and employees of the disciplinary procedures that will be followed after an allegation that one of these offenses has occurred.

Primary Prevention and Awareness Program

Saint Luke’s College of Health Sciences conducts a Primary Prevention and Awareness Program (PPAP) for all incoming students and new employees. The PPAP advises campus community members that Saint Luke’s College of Health Sciences prohibits the offenses of dating violence, domestic violence, sexual assault and stalking. They are also informed of the topics discussed below, including relevant definitions, risk reduction, and bystander intervention.

Crime Definitions 

Crime Type (Missouri Revised Statutes)	Definitions
Dating Violence	The institution has determined, based on good-faith research, that Missouri law does not define the term dating violence.
Domestic Violence	Missouri’s protective order statutes provide the following definitions (Mo. Rev. Stat. § 455.010): “Domestic violence” is abuse or stalking committed by a family or household member. “Family” or “household member”, [includes] spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time. In addition, Missouri criminal statutes include various degrees of the crime “Domestic Assault,” as follows: Domestic Assault, First Degree (Mo. Rev. Stat. § 565.072): A person commits the offense of domestic assault in the first degree if he or she attempts to kill or knowingly causes or attempts to cause serious physical injury to a domestic victim, as the term “domestic victim” is defined under section 565.002. Mo Rev. Stat. § 565.002(6) indicates that a “domestic victim” is a household or family member as the term “family” or “household member” is defined in 455.010, including any child who is a member of the household or family. Domestic Assault in the Second Degree (Mo. Rev. Stat. § 565.073): A person commits the offense of domestic assault in the second degree if the act involves a domestic victim, as the term “domestic victim” is defined under section 565.002, and he or she: (1) Knowingly causes physical injury to such domestic victim by any means, including but not limited to, use of a deadly weapon or dangerous instrument, or by choking or strangulation; or (2) Recklessly causes serious physical injury to such domestic victim; or (3) Recklessly causes physical injury to such domestic victim by means of any deadly weapon. Domestic Assault, Third Degree (Mo. Rev. Stat. § 565.074): A person commits the offense of domestic assault in the third degree if he or she attempts to cause physical injury or knowingly causes physical pain or illness to a domestic victim, as the term “domestic victim” is defined under section 565.002. Domestic Assault in the Fourth Degree (Mo. Rev. Stat. § 565.076): A person commits the offense of domestic assault in the fourth degree if the act involves a domestic victim, as the term “domestic victim” is defined under section 565.002, and: (1) The person attempts to cause or recklessly causes physical injury, physical pain, or illness to such domestic victim; (2) With criminal negligence the person causes physical injury to such domestic victim by means of a deadly weapon or dangerous instrument; (3) The person purposely places such domestic victim in apprehension of immediate physical injury by any means; (4) The person recklessly engages in conduct which creates a substantial risk of death or serious physical injury to such domestic victim; (5) The person knowingly causes physical contact with such domestic victim knowing he or she will regard the contact as offensive; or (6) The person knowingly attempts to cause or causes the isolation of such domestic victim by unreasonably and substantially restricting or limiting his or her access to other persons, telecommunication devices or transportation for the purpose of isolation.
Stalking	Stalking, First Degree (Mo. Rev. Stat. § 565.225): A person commits the offense of stalking in the first degree if he or she purposely, through his or her course of conduct, disturbs or follows with the intent of disturbing another person and: (1) Makes a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, the safety of his or her family or household member, or the safety of domestic animals or livestock as defined in section 276.606 kept at such person’s residence or on such person’s property. The threat shall be against the life of, or a threat to cause physical injury to, or the kidnapping of the person, the person’s family or household members, or the person’s domestic animals or livestock as defined in section 276.606 kept at such person’s residence or on such person’s property; or (2) At least one of the acts constituting the course of conduct is in violation of an order of protection and the person has received actual notice of such order; or (3) At least one of the actions constituting the course of conduct is in violation of a condition of probation, parole, pretrial release, or release on bond pending appeal; or (4) At any time during the course of conduct, the other person is seventeen years of age or younger and the person disturbing the other person is twenty-one years of age or older; or (5) He or she has previously been found guilty of domestic assault, violation of an order of protection, or any other crime where the other person was the victim; or (6) At any time during the course of conduct, the other person is a participant of the address confidentiality program under sections 589.660 to 589.681, and the person disturbing the other person knowingly accesses or attempts to access the address of the other person. Stalking, Second Degree (Mo. Rev. Stat. § 565.227.1): A person commits the offense of stalking in the second degree if he or she purposely, through his or her course of conduct, disturbs, or follows with the intent to disturb another person. As used in the definitions of stalking above, the term “disturbs” shall mean to engage in a course of conduct directed at a specific person that serves no legitimate purpose and that would cause a reasonable person under the circumstances to be frightened, intimidated, or emotionally distressed.
Sexual Assault	The institution has determined, based on good-faith research, that Missouri’s criminal statutes do not define the term sexual assault. However, Missouri’s protective order statutes indicate that “sexual assault” means causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person’s consent. (Mo. Rev. Stat. § 455.010(1)(e)).
Rape, Fondling, Incest, Statutory Rape	For purposes of the Clery Act, the term “sexual assault” includes the offenses of rape, fondling, incest, and statutory rape. These definitions under Missouri law are as follows: Rape in the First Degree (Mo. Rev. Stat. § 566.030.1): A person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. Rape in the Second Degree (Mo. Rev. Stat. § 566.030.1): A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person knowing that he or she does so without that person’s consent. Fondling: The institution has determined, based on good-faith research, that Missouri law does not define the term fondling. Incest (Mo. Rev. Stat. § 568.020.1): A person commits the offense of incest if he or she marries or purports to marry or engages in sexual intercourse or deviate sexual intercourse with a person he or she knows to be, without regard to legitimacy, his or her: (1) Ancestor or descendant by blood or adoption; or (2) Stepchild, while the marriage creating that relationship exists; or (3) Brother or sister of the whole or half-blood; or (4) Uncle, aunt, nephew or niece of the whole blood. Statutory Rape, First Degree (Mo. Rev. Stat. § 566.032.1): A person commits the offense of statutory rape in the first degree if he or she has sexual intercourse with another person who is less than fourteen years of age. Statutory Rape, Second Degree (Mo. Rev. Stat. § 566.034.1): A person commits the offense of statutory rape in the second degree if being twenty-one years of age or older, he or she has sexual intercourse with another person who is less than seventeen years of age.
Other “sexual assault” crimes	Other crimes under Missouri law that may be classified as a “sexual assault” include the following: Sodomy in the First Degree (Mo. Rev. Stat. § 566.060.1): A person commits the offense of sodomy in the first degree if he or she has deviate sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim’s knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. Sodomy in the Second Degree (Mo. Rev. Stat. § 566.061.1): A person commits the offense of sodomy in the second degree if he or she has deviate sexual intercourse with another person knowing that he or she does so without that person’s consent. Statutory Sodomy, First Degree (Mo. Rev. Stat. § 566.062.1): A person commits the offense of statutory sodomy in the first degree if he or she has deviate sexual intercourse with another person who is less than fourteen years of age. Statutory Sodomy, Second Degree (Mo. Rev. Stat. § 566.064.1): A person commits the offense of statutory sodomy in the second degree if being twenty-one years of age or older, he or she has deviate sexual intercourse with another person who is less than seventeen years of age. Child Molestation, First Degree (Mo. Rev. Stat. § 566.067.1): A person commits the offense of child molestation in the first degree if he or she subjects another person who is less than fourteen years of age to sexual contact and the offense is an aggravated sexual offense. Child Molestation, Second Degree (Mo. Rev. Stat. § 566.068.1): A person commits the offense of child molestation in the second degree if he or she: (1) Subjects a child who is less than twelve years of age to sexual contact; or (2) Being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact and the offense is an aggravated sexual offense. Child Molestation, Third Degree (Mo. Rev. Stat. § 566.069.1): A person commits the offense of child molestation in the third degree if he or she subjects a child who is less than fourteen years of age to sexual contact. Child Molestation, Fourth Degree (Mo. Rev. Stat. § 566.071.1): A person commits the offense of child molestation in the fourth degree if, being more than four years older than a child who is less than seventeen years of age, subjects the child to sexual contact. Sexual Misconduct Involving a Child (Mo. Rev. Stat. § 566.083.1): A person commits the offense of sexual misconduct involving a child if such person: (1) Knowingly exposes his or her genitals to a child less than fifteen years of age under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm to the child; (2) Knowingly exposes his or her genitals to a child less than fifteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; (3) Knowingly coerces or induces a child less than fifteen years of age to expose the child’s genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child; or (4) Knowingly coerces or induces a child who is known by such person to be less than fifteen years of age to expose the breasts of a female child through the internet or other electronic means for the purpose of arousing or gratifying the sexual desire of any person, including the child. Sexual Misconduct, First Degree (Mo. Rev. Stat. § 566.093.1): A person commits the offense of sexual misconduct in the first degree if such person: (1) Exposes his or her genitals under circumstances in which he or she knows that his or her conduct is likely to cause affront or alarm; (2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm; or (3) Has sexual intercourse or deviate sexual intercourse in a public place in the presence of a third person. Second Degree Sexual Misconduct (Mo. Rev. Stat. § 566.095.1): A person commits the offense of sexual misconduct in the second degree if he or she solicits or requests another person to engage in sexual conduct under circumstances in which he or she knows that such request or solicitation is likely to cause affront or alarm. Sexual Abuse in the First Degree (Mo. Rev. Stat. § 566.100.1): A person commits the offense of sexual abuse in the first degree if he or she subjects another person to sexual contact when that person is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Sexual Abuse, Second Degree (Mo. Rev. Stat. § 566.101.1): A person commits the offense of sexual abuse in the second degree if he or she purposely subjects another person to sexual contact without that person’s consent.
Consent (as it relates to sexual activity) (Mo. Rev. Stat. § 556.061(14))	Consent or lack of consent may be expressed or implied. Assent does not constitute consent if: (a) It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or (b) It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or (c) It is induced by force, duress or deception.

University Definition of Consent

In addition to the definition of consent under Missouri law, the University uses the following definition of consent for the purpose of determining whether a violation of its Sexual Harassment Policy has occurred:

“Consent” refers to words or actions that a reasonable person in the perspective of the Respondent would understand as agreement to engage in the sexual conduct at issue. A person who is Incapacitated is not capable of giving Consent.

Lack of consent is a critical factor in determining whether Sexual Harassment has occurred. As defined above:

• Consent is not passive and requires an affirmative, mutually understood act or statement by each participant to engage in the specific sexual acts. A verbal “no” constitutes a lack of consent, even if it sounds insincere or indecisive.
• Consent is informed and freely given. If unreasonable manipulation—or any kind of Coercion, physical force, or weapon—is used, there is no consent.
• If a person is mentally or physically incapacitated (as described below), there is no consent.
• If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent (Note: In Missouri, the minimum age of consent for purposes of Statutory Rape is age 17, and no one under 14 years of age is considered capable of consent.)
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Consent can be withdrawn. When consent is withdrawn, sexual activity must immediately stop. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent.
• Being in a romantic relationship with someone does not, in and of itself, imply consent to any form of sexual activity. Even in the context of an ongoing relationship, consent must be sought and freely given for each specific sexual act. Consent may be withdrawn at any time. (Rockhurst University’s Consensual Relationship Policy outlines limitations on consensual romantic or intimate relationships between and among University employees and between University employees and students).

Risk Reduction

If you find yourself in an uncomfortable sexual situation, these suggestions may help you reduce your risk:

• Make your limits known before going too far.
• You can withdraw consent to sexual activity at any time.  Do not be afraid to tell a sexual aggressor “NO” clearly and loudly.
• Try to remove yourself from the physical presence of a sexual aggressor.  Be as direct as possible about wanting to leave the environment.
• Grab someone nearby and ask them for help.
• Be responsible about your alcohol and/or drug use. Alcohol and drugs can lower your sexual inhibitions and may make you vulnerable to someone who views an intoxicated/high person as a sexual opportunity.
• Attend large parties with friends you trust. Watch out for your friends and ask that they watch out for you.
• Be aware of someone trying to slip you an incapacitating “rape drug” like Rohypnol or GHB. 

If you find yourself in the position of being the initiator of sexual behavior, these suggestions may help you to reduce your risk of being accused of sexual assault or another sexual crime:

• Remember that you owe sexual respect to the other person.
• Don’t make assumptions about the other person’s consent or about how far they are willing to go.
• Remember that consent to one form of sexual activity does not necessarily imply consent to another form of sexual behavior.
• If your partner expresses a withdrawal of consent, stop immediately.
• Clearly communicate your sexual intentions so that the other person has a chance to clearly tell you their intentions.
• Consider “mixed messages,” a clear sign that the other person is uncomfortable with the situation and may not be ready to progress sexually.
• Don’t take advantage of someone who is really drunk or on drugs, even if they knowingly and intentionally put themselves in that state. Further, don’t be afraid to step in if you see someone else trying to take advantage of a nearly incapacitated person.
• Be aware of the signs of incapacitation, such as slurred speech, bloodshot eyes, vomiting, unusual behavior, passing out, staggering, etc.

It is also important to be aware of the warning signs of an abusive person.  Some examples include: past abuse; threats of violence or abuse; breaking objects; using force during an argument; jealousy; controlling behavior; quick involvement; unrealistic expectations; isolation; blames others for problems; hypersensitivity; cruelty to animals or children; “playful” use of force during sex; Jekyll-and-Hyde personality.

Bystander Intervention

In addition to reporting incidents to appropriate authorities, below are some ways in which individuals can take safe and positive steps to prevent harm and intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking against another person:

• Watch out for your friends and fellow community members-if you see someone who looks like they are in trouble, ask if they are okay. If you see a friend doing something shady, say something.
• Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.
• Speak up when someone discusses plans to take sexual advantage of another person.
• Call the police and/or the Department of Safety and Security when a person is yelling at or being physically abusive towards another, and it is not safe for you to interrupt.
• Interject yourself into a conversation where another person seems unsafe to cause a distraction.
• If you see someone you know, or you suspect may be in a situation that could lead to a problem, try to intercede by offering them an alternative, telling them you need to talk to them.
• Refuse to leave the area (or call the police and/or the Department of Safety and Security) if a person is trying to get you to leave so they can take advantage of another.
• Speak up if someone says something offensive, derogatory, or abusive; let them know that the behavior is wrong and you don’t want to be around it. Don’t laugh at racist, sexist, homophobic jokes. Challenge your peers to be respectful. Offer to drive an incapacitated friend home from a party.
• Ensure that friends who are incapacitated do not leave the party or go to secluded places with others.
• Believe someone who discloses a sexual assault, an abusive relationship, or experience with stalking or cyberstalking.
• Be respectful of yourself and others. Make sure any sexual act is OK with your partner if you initiate.

  Other Information Covered by the PPAP

  The PPAP also provides information on possible sanctions and protective measures that may be imposed following a determination that an offense of dating violence, domestic violence, sexual assault, or stalking has occurred, an explanation of the disciplinary procedures that will be followed when one of these offenses is alleged, the rights of the parties in such a proceeding, available resources, and other pertinent information. Much of this information is set forth in the upcoming sections of this security report.

  Ongoing Prevention and Awareness Campaign

  Saint Luke’s College of Health Sciences also conducts an Ongoing Prevention and Awareness Campaign (OPAC) aimed at all students and employees. This campaign covers the same material as provided in the PPAP, but is intended to increase the understanding of students and employees on these topics and to improve their skills for addressing the offenses of dating violence, domestic violence, sexual assault and stalking.

  PPAP and OPAC Programming Methods

  The PPAP and OPAC are carried out in a variety of ways, using a range of strategies and, as appropriate, targeting specific audiences throughout the University. Methods include but are not limited to online presentations, distribution of written materials, periodic email blasts, and guest speakers. Specific examples of this programming include:

  PPAC

  • Student Life and Residence Life
    • Providing freshman and transfer students information on a wide variety of topics during their orientation phase. Includes training on sexual harassment (including sexual assault). This training is both prevention-oriented and what to do if the student becomes the victim of sexual violence.
    • Completion of the “Think About It” online course. This material focuses on minimizing the risks associated with alcohol, drugs, and sexual violence. The approach of the course is to create a healthy campus culture where students can feel comfortable, thrive, grow, and learn. Is a required online course.
    • Completion of Green Dot Training which has the ultimate goal of preparing organizations/communities to implement a strategy of violence prevention that measurably reduces power-based personal violence (including sexual, domestic violence, dating violence, stalking, child abuse, elder abuse, and bullying). The program is an all-day “training” fashion to students by the Green Dot committee comprised of members representing: Student Life, Campus Ministry, Residence Life, Student Retention, Office of Mission and Ministry, PRM, and the Chemistry Department. Once trained, students can implement the bystander lifestyle throughout their day and help spread the knowledge of the program to their peers.
  • Department of Safety and Security
    • Freshman and transfer students information on a variety of security and crime prevention related topics:
      • Recognizing suspicious activity relevant to sexual assault and other crimes.
      • Reporting – how to, red phone, phone, cell phone 816-501-4010.
      • Crime avoidance techniques the risks of sexual assault.
      • What to do if you become the victim of harassment, sexual assault, domestic violence, dating, and stalking. Includes you can report campus security authorities.
      • Security services designed to deliver preventive efforts to the campus community.
    • Title IX Office
      • Student Leaders, Resident Assistants, Desk Assistants, Greek Advisors, and Graduate Assistants are required to complete the “Think About It-Adult Learner” online course, which covers Title IX and VAWA issues. Additionally, Resident Assistants, Desk Assistants, and Resident Directors attended a live training on Title IX and VAWA issues and protocols for responding to sexual violence and sexual misconduct reports prepared by the Title IX Coordinator.
      • New employees and certain identified student employees are required to watch a training video or attend live training on Title IX and VAWA issues prepared by the University’s legal counsel. Additionally, all employees, faculty, adjuncts, regular volunteers, and vendors receive annual Title IX training relating to sexual assault, domestic violence, dating violence, and stalking.
    • Human Resource Office:
      • New employees are given an orientation to the university by the Human Resources Department. Includes information on sexual harassment (including sexual assault) that in the University’s Human Resources Manual. The data is prevention-oriented and instructive on how to report if one.

    OPAC

    • Offices in the Student Development Area of the University; residence life, counseling center provide programming on these areas of concern:
      • Resident Assistants in all residential living facilities conduct sexual assault programming as part of the first-semester programming model.
      • For 2020 these included programs on sexual assault prevention, awareness, and what will be done to support individuals.
      • New students must take the “Think About It” online course that deals with drinking, drugs, and sexual violence.
    • The counseling center, although not having an ongoing, systematic campaign plan, does provide support and collaboration for the following related programs (which are geared towards sexual assault awareness and prevention):
      • Take Back the Night
      • The Clothesline Project and
      • Denim Day
    • Title IX Office provides annual Title IX training relating to sexual assault, domestic violence, stalking, dating violence, and bystander intervention to student leaders, RAs, certain student workers and student volunteers, all employees, faculty, adjuncts, graduate assistants, regular volunteers, Greek Advisors, and on-campus vendors. The Title IX Office also provides annual Title IX Investigator training for first responders to sexual assault, domestic violence, dating violence, and stalking.
    • Additionally, the University counseling center, the student development office, including the dean of students office, residence life, student activity office, the Title IX office, and campus ministry, is available for assisting students working with issues of sexual assault. Residence Life Personnel (RAs, RD’) have been given training in how to assist with prevention training as well as how to respond to a student who has been victimized. The Human Resource Department and Title IX Office provide similar assistance to the faculty and staff, and the Department of Safety and Security is available to all members of the campus community for program information.

    Procedures to Follow if You Are a Victim of Dating Violence, Domestic Violence, Sexual Assault, or Stalking

    If you are a victim of dating violence, domestic violence, sexual assault, or stalking, go to a safe place and call 911 or the Department of Safety and Security at 816-501-4010. You may also contact the University’s Title IX Coordinator at 816-501-4036.

    Victims will be notified in writing of the procedures to follow, including:

    1. To whom and how the alleged offense should be reported (contact the Title IX Coordinator or refer to the other resources listed in this report).
    2. The importance of preserving evidence that may be necessary to prove the offense in a criminal proceeding or disciplinary action or to obtain a protective order.
    3. The victim’s options regarding notification to law enforcement, which are: (a) the option to notify either on-campus or local police; (b) the option to be assisted by campus security authorities in notifying law enforcement if the victim so chooses (the institution is obligated to comply with such a request if it is made); and (c) the option to decline to notify such authorities.
    4. Where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.

    Preservation of Evidence & Forensic Examinations

    Victims of physical assault are advised not to remove clothing items worn during or following an assault, as they frequently contain valuable fiber, hair, and fluid evidence. Don’t bathe or wash, or otherwise clean the environment in which the assault occurred. You can obtain a forensic examination at Saint Luke’s Hospital, 4401 Wornall Road, Kansas City, Missouri 64111 Phone: 816.932.2000.

    Completing a forensic examination does not require you to file a police report, but having a forensic examination will help preserve evidence in case you decide at a later date to file a police report.

    Victims are also advised to retain evidence in electronic formats (e.g., text messages, emails, photos, social media posts, screenshots, etc.). Such evidence is valuable in all situations, and it may be the only type of evidence available in instances of stalking.

    Security/Law Enforcement & How to Make a Police Report

    • • Department of Safety and Security Dispatch: 5401 Troost Ave. Kansas City, MO. 64110, 816-501-4010
    • Kansas City Police Department, 1200 Linwood Blvd., Kansas City, Missouri 64109 Phone: 816.234.5510
    • To make a police report, a victim should contact the local police agency listed above either by phone or in-person. The victim should provide as much information as possible, including name, address, and when and what occurred, to the best of the victim’s ability.

    Information about Legal Protection Orders

    In Missouri, victims may obtain an Adult Order of Protection, which provides protective relief for victims of domestic violence, stalking, or sexual assault. Information about Adult Orders of Protection may be found at: http://www.courts.mo.gov/page.jsp?id=533. 

    A protection order may be obtained by filing a petition with the court. Courts can issue two types of orders: (1) Ex Parte Orders, which act as a temporary emergency order to protect a victim, for up to 15 days, until a court hearing, and (2) Full Orders of Protection, which may be issued for up to one year. Additional information about the orders may be found at: https://www.16thcircuit.org/orders-of-protection

    • A Petition for Order of Protection should be filed in the 16th Circuit of Jackson County’s Kansas City Courthouse. The address is: 415 E. 12th Street, Kansas City, Missouri 64106.  The phone number is 816-881-3971. More information is available here:  https://www.16thcircuit.org/orders-of-protection
    • Information about obtaining an Order of Protection in Jackson County can be found here: https://www.16thcircuit.org/orders-of-protection
    • The circuit court clerk’s office can provide the necessary forms and may assist in completing the forms. Forms may also be found online at: http://www.courts.mo.gov/file.jsp?id=537.  A victim should be prepared to present documentation and/or other forms of evidence when filing for an order of protection. 

    Victims may contact local domestic violence and sexual assault advocates for assistance in obtaining a protection order.  The Kansas City Missouri Police Department provides advocates for victims of domestic violence through their Victim Services Office. The KCPD is located at: 1125 Locust, Kansas City, Mo. 64106. The Victim Advocate’s phone number is: 816-234-5205. More information may be found at: https://www.kcpd.org/crime/victim-resources/domestic-violence/

    When a protection order is granted, it is enforceable statewide.  If you have obtained a protection order and need it to be enforced in your area, you should contact the local police department.

    Saint Luke’s College of Health Sciences will also enforce any temporary restraining order or other no-contact order against the alleged perpetrator from a criminal, civil, or tribal court. Any student or employee who has a protection order or no-contact order should notify the Title IX Coordinator and provide a copy of the restraining order so that it may be kept on file with the institution and can be enforced on campus, if necessary. Upon learning of any orders, the institution will take all reasonable and legal action to implement the order.

    Saint Luke’s College of Health Sciences does not issue legal orders of protection. However, as a matter of institutional Policy, Saint Luke’s College of Health Sciences may impose a no-contact order between individuals in appropriate circumstances. Saint Luke’s College of Health Sciences may also issue a “no trespass warning” if information available leads to a reasonable conclusion that an individual is likely to cause harm to any member of the campus community.  A person found to be in violation of a No Trespass Warning may be arrested and criminally charged.

    Available Victim Services

    Victims will be provided written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available to them, both within the University and in the surrounding community. Those services include:

    • The Rockhurst University Counseling Center thru the Department of Safety and Security dispatcher at (816) 501-4010 (you only need to give them your first name and a phone number to reach you). Or during regular hours at (816) 501-4275. Remember, a counselor is always available during the regular school year.
    • Rockhurst Campus Ministry contact at (816) 501-4747 for pastoral counseling and support can be reached through the Department of Safety and Security dispatch (816) 501-4010.
    • Residence Life for support and coordination of services. Contact your RA, RD, or the Director of Residence Life at (816) 501-4663. Can be reached through the Department of Safety and Security dispatch (816) 501-4010.
    • Dean of Students for support and advocacy through the campus judicial process. Can be reached through the Department of Safety and Security dispatch (816) 501-4010 or (816) 501-4127.
    • Sometimes victims of serious crimes feel the need to take a leave of absence from school. If this is being considered, be aware that financial aid may be affected. If you have questions about financial aid implications in such circumstances, contact the Director of Financial Aid at (816) 501-4831. The Title IX Coordinator can help facilitate this conversation as well.
    • St. Luke’s Hospital of Kansas City, 4401 Wornall Road, Kansas City, MO 64111
    • Metropolitan Organization to Counter Sexual Assault (MOCSA) is available 24 hours per day 7 days per week--their HOTLINE IS (816) 531-0233, free, confidential crisis counseling; support groups, during medical exams; advocacy and guidance in reporting the crime to the police and in navigating the judicial process. Visit www.mocsa.org for more information.
    • Jackson County Mental Health Services: http://www.jacksongov.org/499/Health-Services
    • Missouri Coalition against Domestic and Sexual Violence: https://www.mocadsv.org/
    • National Domestic Violence Hotline: 1.800.799.7233
    • National Sexual Assault Hotline: 1.800.656.4673
    • Legal Services of Missouri: http://www.lsmo.org/
    • Immigration Advocates Network: http://www.immigrationadvocates.org/nonprofit/legaldirectory/search?state=MO
    • US Citizenship and Immigration Services: https://egov.uscis.gov/crisgwi/go?action=offices.summary&OfficeLocator.office_type=ASC&OfficeLocator.statecode=MO

    Accommodations and Protective Measures

    The University will provide written notification to victims about options for, and available assistance in, changing academic, living, transportation, and working situations or protective measures. If victims request these accommodations or protective measures and are reasonably available, the University is obligated to provide them, regardless of whether they choose to report the crime to campus security or local law enforcement.

    Requests for accommodations or protective measures should be made to the Title IX Coordinator at (816) 501-4036, and the Title IX Coordinator is responsible for deciding what, if any, accommodations or protective measures will be implemented.

    When determining the reasonableness of such a request, the University may consider, among other factors, the following:

    • The specific need expressed by the complainant.
    • The age of the students involved.
    • The severity or pervasiveness of the allegations
    • Any continuing effects on the complainant
    • Whether the complainant and alleged perpetrator share the same class or job location.
    • Whether other judicial measures have been taken to protect the complainant (e.g., civil protection orders).

    Saint Luke’s College of Health Sciences will maintain as confidential any accommodations or protective measures provided a victim to the extent that maintaining confidentiality would not impair Saint Luke’s College of Health Sciences’ ability to provide them. However, there may be times when certain information must be disclosed to a third party in order to implement the accommodation or protective measure. Such decisions will be made by Saint Luke’s College of Health Sciences in light of the surrounding circumstances, and disclosures of this nature will be limited so that only the information necessary to implement the accommodation or protective measure is provided. In the event it is necessary to disclose information about a victim in order to provide an accommodation or protective order, Saint Luke’s College of Health Sciences will inform the victim of that necessity prior to the disclosure, including which information will be shared, with whom it will be shared, and why.

    Procedures for Disciplinary Action

    All allegations of dating violence, domestic violence, sexual assault, or stalking at Rockhurst University are funneled to the Title IX Coordinator and/or Deputy Title IX Coordinators if such complaints are not made to them initially. All University employees (except certain designated confidential resources) have a duty to report incidents of this nature to the Title IX Coordinator and/or a Deputy Title IX Coordinator whenever they witness or become aware of them, and the employees have received training informing them of this responsibility.

    The University has designated the following Title IX Coordinator to coordinate its compliance with Title IX and to receive inquiries regarding Title IX, including complaints of sex discrimination. The name and contact information for the Title IX Coordinator is:

    Kimberly Brant Schmelzle
    Director of Compliance and Risk Management/Title IX Coordinator
    Conway 102
    1100 Rockhurst Road
    Kansas City, MO 641110
    816‑501‑4036
    TitleIX@rockhurst.edu

    The University has designated three Deputy Title IX Coordinator for Students and a Deputy Title IX Coordinator for Employees.  The Deputy Title IX Coordinators are available to receive inquiries regarding Title IX, including complaints of sex discrimination, when the Title IX Coordinator is unavailable, if a person is more comfortable engaging with one of the Deputies, or if the Title IX Coordinator has a conflict of interest.  The names and contact information for the Deputy Title IX Coordinators are as follows:

    Dr. Matthew Quick
    Vice President & Dean of Students/Deputy Title IX Coordinator for Students
    Massman Hall, Room 1
    816‑501‑4030
    TitleIX@rockhurst.edu

    Barbra Upton‑Garvin
    Director of Human Resources/Deputy Title IX Coordinator for Employees
    Conway 102
    816‑501‑4555
    TitleIX@rockhurst.edu

    Marcia Ladage, MLA
    Associate Dean for Students and Families
    & Deputy Title IX Coordinator
    Westport Campus, Rm 2Q61;
    Troost Campus, Massman Hall Room 3
    816‑936‑8716
    TitleIX@rockhurst.edu

    Once such an allegation is brought to the attention of the Title IX Coordinator and/or a Deputy Title IX Coordinator, a preliminary evaluation is made to determine whether the alleged conduct is sexual in nature. All allegations of sexual assault and allegations of dating violence, domestic violence, and stalking that are sexual in nature will be processed through the University’s Sexual Harassment Policy. Allegations of dating violence, domestic violence, and stalking that are not sexual in nature are processed.

    Under the  Sexual Harassment Policy, after receiving a report of Sexual Harassment, the Title IX Coordinator will conduct a preliminary assessment to determine:

    • Whether the conduct, as reported, falls or could fall within the scope of this policy; and
    • Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.

    If the Title IX Coordinator determines that the conduct reported could not fall within the scope of this policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter and may notify the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”).  The Title IX Coordinator may refer the report to other University offices, as appropriate.

    If the Title IX Coordinator determines that the conduct reported could fall within the scope of this policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant. 

    A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the University investigate and adjudicate a report of Sexual Harassment.  Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the University’s Education Programs or Activities or be a part-time or full-time employee or faculty member of the University.

    In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the University if doing so is not clearly unreasonable.  Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University Community.  Factors the Title IX Coordinator may consider include (but are not limited to):  (a) was a weapon involved in the incident; (b) were multiple assailants involved in the incident; (c) is the accused a repeat offender; and (d) does the incident create a risk of occurring again.

    If the Complainant or the Title IX Coordinator files a Formal Complaint, then the University will commence an investigation and proceed to adjudicate the matter.  In all cases where a Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation.

    In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.

    If a Formal Complaint is transmitted to the parties, an investigator is selected by the Title IX Coordinator or the Title IX Coordinator him/herself will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory evidence (which implies or tends to establish responsibility for a violation of this policy as alleged) and exculpatory evidence (which implies or tends to establish a lack of responsibility for a violation of this policy as alleged).  The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the University and not with the parties.  The investigation will culminate in a written investigation report that will be submitted to the adjudicator during the selected adjudication process.  Although the length of each investigation may vary depending on the totality of the circumstances, the University strives to complete each investigation within sixty (60) days of the transmittal of the written notice of Formal Complaint.

    Within a reasonably prompt time period (not to exceed ten (10) days) of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes certain information as set forth in the policy. 

    During the investigation, the investigator will provide an equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence.  The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint.  A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.

    At the conclusion of the evidence‑gathering phase of the investigation, but prior to the completion of the investigation report, the investigator will transmit to each party and their advisor, in either electronic or hard copy form, all evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including (1) evidence on which the University may choose not to rely at any hearing and (2) inculpatory or exculpatory evidence whether obtained from a party or some other source.  The parties will have ten (10) days in which to submit to the investigator a written response, which the investigator will consider prior to completing the investigation report.  The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not duplicate or disseminate the evidence to the public.

    After the period for the parties to provide any written response has expired, the investigator will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree.  When the investigation report is complete, the investigator will transmit a copy to the Title IX Coordinator.  The investigator will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form.

    After the investigator has sent the investigation report to the parties, the Title IX Coordinator will transmit to each party a notice advising the party of the two different adjudication processes.  The notice will explain that the hearing process is the default process for adjudicating all Formal Complaints and will be utilized unless both parties voluntarily consent to administrative adjudication as a form of informal resolution.  The notice will be accompanied by a written consent to administrative adjudication and will advise each party that, if both parties execute the written consent to administrative adjudication, then the administrative adjudication process will be used in in lieu of the hearing process.  Parties are urged to carefully review the policy, consult with their advisor, and consult with other persons as they deem appropriate (including an attorney) prior to consenting to administrative adjudication.

    Each party will have three (3) days from transmittal of the notice to return the signed written consent form to the Title IX Coordinator.  If either party does not timely return the signed written consent, that party will be deemed not to have consented to administrative adjudication and the Formal Complaint will be adjudicated pursuant to the hearing process.

    After selection of the hearing process as the form of adjudication, the Title IX Coordinator will promptly appoint a hearing officer who will oversee the hearing process and render a determination of responsibility for the allegations in the Formal Complaint, at the conclusion of the hearing process.  The Title IX Coordinator will see that the hearing officer is provided a copy of the investigation report and a copy of all evidence transmitted to the parties by the investigator.

    After the hearing officer is appointed by the Title IX Coordinator, the hearing officer will promptly transmit written notice to the parties notifying the parties of the hearing officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; setting a date for the pre‑hearing conference; setting a date and time for the hearing; and providing a copy of the University’s Hearing Procedures.  Neither the pre‑hearing conference, nor the hearing itself, may be held any earlier than ten (10) days from the date of transmittal of the written notice. 

    Prior to the hearing, the hearing officer will conduct a pre‑hearing conference with the parties and their advisors.  The pre‑hearing conference will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors.  By default, the pre‑hearing conference will be conducted with the hearing officer, the parties, the advisors, and other necessary University personnel together in the same physical location.  However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

    In the hearing officer’s discretion, the pre‑hearing conference may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

    During the pre‑hearing conference, the hearing officer will discuss the Hearing Procedures with the parties; address matters raised in the parties’ written responses to the investigation report, as the hearing officer deems appropriate; discuss whether any stipulations may be made to expedite the hearing; discuss the witnesses the parties have requested be served with notices of attendance and/or witnesses the parties plan to bring to the hearing without a notice of attendance; and resolve any other matters that the hearing officer determines, in the hearing officer’s discretion, should be resolved before the hearing.

    After the pre‑hearing conference, the hearing officer will transmit notices of attendance to any University employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness.  The notice will advise the subject of the specified date and time of the hearing and advise the subject to contact the hearing officer immediately if there is a material and unavoidable conflict.

    After the pre‑hearing conference, the hearing officer will convene and conduct a hearing pursuant to the University’s Hearing Procedures.  The hearing will be audio recorded.  The audio recording will be made available to the parties for inspection and review on reasonable notice, including for use in preparing any subsequent appeal.

    The hearing will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors.  By default, the hearing will be conducted with the hearing officer, the parties, the advisors, witnesses, and other necessary University personnel together in the same physical location.  However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.

    In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.

    Except as otherwise permitted by the hearing officer, the hearing will be closed to all persons except the parties, their advisors, the investigator, the hearing officer, the Title IX Coordinator, and other necessary University personnel.  With the exception of the investigator and the parties, witnesses will be sequestered until such time as their testimony is complete.  During the hearing, the parties and their advisors will have access to the investigation report and evidence that was transmitted to them.

    While a party has the right to attend and participate in the hearing with an advisor, a party and/or advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the hearing officer.

    Subject to the minimum requirements specified in this Section, the hearing officer will have sole discretion to determine the manner and particulars of any given hearing, including with respect to the length of the hearing, the order of the hearing, and questions of admissibility.  The hearing officer will independently and contemporaneously screen questions for relevance in addition to resolving any contemporaneous objections raised by the parties and will explain the rational for any evidentiary rulings.

    In the event that any party or witness refuses to attend the hearing, or attends but refuses to submit to questioning by the parties’ advisors, the statements of that party or witness, as the case may be, whether given during the investigation or during the hearing, will not be considered by the hearing officer in reaching a determination of responsibility.

    The hearing officer will not draw an inference about the determination regarding responsibility based solely on a party or a witness’s absence from the live hearing and/or refusal to submit to questioning by the parties’ advisors.

    After the hearing is complete, the hearing officer will objectively evaluate all relevant evidence collected during the investigation, including both inculpatory and exculpatory evidence, together with testimony and non‑testimony evidence received at the hearing, and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The hearing officer will take care to exclude from consideration any evidence that was ruled inadmissible at the pre‑hearing conference, during the hearing, or by operation of “Subjection to Questioning.” The hearing officer will resolve disputed facts using a preponderance of the evidence (that is, “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of this policy as alleged in the Formal Complaint.

    In the event the hearing officer determines that the Respondent is responsible for violating this policy, the hearing officer will, before issuing a written decision, consult with an appropriate University official with disciplinary authority over the Respondent and such official will determine any discipline to be imposed.  The hearing officer will also, before issuing a written decision, consult with the Title IX Coordinator who will determine whether and to what extent ongoing support measures or other remedies will be provided to the Complainant.

    After reaching a determination and consulting with the appropriate University official and Title IX Coordinator as required by “Discipline and Remedies,” the hearing officer will prepare a written decision. The hearing officer’s written determination will be transmitted to the parties.  This transmission concludes the hearing process, subject to any right of appeal.

    Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the University strives to issue the hearing officer’s written determination within fourteen (14) days of the conclusion of the hearing.

    Either party may appeal the determination of an adjudication, or a dismissal of a Formal Complaint, on certain listed grounds.  one or more of the following grounds:

    • A procedural irregularity affected the outcome;
    • There is new evidence that was not reasonably available at the time the determination or dismissal was made that could have affected the outcome;
    • The Title IX Coordinator, investigator, hearing officer, or administrative officer, as the case may be, had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome.

    No other grounds for appeal are permitted.

    A party must file an appeal within seven (7) days of the date they receive notice of dismissal or determination appealed from or, if the other party appeals, within five (5) days of the other party appealing, whichever is later.  The appeal must be submitted in writing to the designated appeal officer.  When the case involves a faculty respondent, the appeal officer is the Chief Financial Officer (Gerald Moench, Gerald.Moench@Rockhurst.edu).  In all other situations, the appeal officer is the Provost and Senior Vice President for Academic Affairs (Dr. Douglas Dunham, Douglas.Dunham@Rockhurst.edu).  When an absence or conflict of interest makes it impossible for the designated appeal officer to resolve the appeal, the other appeal officer may resolve the appeal in place of the designated appeal officer.  Either appeal officer may also designate this responsibility to another administrator should both appeal officers be absent or have a conflict of interest.  The appeal must specifically identify the determination and/or dismissal appealed from, articulate which one or more of the three grounds for appeal are being asserted, explain in detail why the appealing party believes the appeal should be granted, and articulate what specific relief the appealing party seeks.

    Promptly upon receipt of an appeal, the appeal officer will conduct an initial evaluation to confirm that the appeal is timely filed and that it invokes at least one of the permitted grounds for appeal.  If the appeal officer determines that the appeal is not timely, or that it fails to invoke a permitted ground for appeal, the appeal officer will dismiss the appeal and provide written notice of the same to the parties.

    If the appeal officer confirms that the appeal is timely and invokes at least one permitted ground for appeal, the appeal officer will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within seven (7) days.  The appeal officer shall also promptly obtain from the Title IX Coordinator any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.

    Upon receipt of any opposition, or after the time period for submission of an opposition has passed without one being filed, the appeal officer will promptly decide the appeal and transmit a written decision to the parties that explains the outcome of the appeal and the rationale.

    The determination of a Formal Complaint, including any discipline, becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the appeal officer has resolved all appeals, either by dismissal or by transmittal of a written decision.

    No further review beyond the appeal is permitted.

    Although the length of each appeal will vary depending on the totality of the circumstances, the University strives to issue the appeal officer’s written decision within thirty (30) days of an appeal being filed.

    This is a summary of procedures under the Sexual Harassment Policy, and a full description of these procedures can be found at https://www.rockhurst.edu/about/human-resources/sexual-misconduct-prevention-response/policy.

    Rights of the Parties in an Institutional Proceeding:

    During the course of the process described in the previous section, both the accuser and the individual accused of the offense are entitled to:

    • A prompt, fair and impartial process from the initial investigation to the final result.
      • A prompt, fair, and impartial process is one that is:
        • Completed within reasonably prompt timeframes designated by the institution’s policy, including a process that allows for the extension of timeframes for good cause, with written notice to the accuser and the accused of the delay and the reason for the delay.
        • Conducted in a manner that:
          • Is consistent with the institution’s policies and transparent to the accuser and the accused.
          • Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
          • Provides timely access to the accuser, the accused, and appropriate officials to any information that will be used during the informal and formal disciplinary meetings and hearings.
        • Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.

    • Proceedings conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.

      The University’s Title IX Coordinator, Ms. Kimberly Brant Schmelzle, and the three other Deputy Title IX Coordinators of the University’s Title IX response team received Title IX Coordinator/Investigator Training in Fall 2020, prepared by legal counsel Husch Blackwell-Title IX & Sexual Harassment Response: Participants in Sexual Harassment policy process. Ms. Schmelzle also attended a Husch training-Before new Title IX rules drop in 2020.

      Though not currently a practicing attorney in her role as Title IX Coordinator at the University, Ms. Schmelzle is a licensed attorney in Missouri and Kansas that has practiced both as a civil attorney and as a prosecutor handling domestic violence, sexual assault, and stalking cases prior to joining the University. In addition to her past on-job Training, Ms. Schmelzle has received Child First Protocol training. Also, in the past six years, Ms. Schmelzle has participated in several Title IX/VAWA-related training provided by the National Association of College and University Attorneys (NACUA) and several important pieces of the instruction supplied by the law firm Husch Blackwell’s higher education team. Some of the topics covered at these trainings include:

    • Foundations Basic training for Sexual Misconduct Investigations, New Proposed Title IX Regulations and their Effect On Your Campus, NACUA 2018, 2019, 2020, 2021 Annual Conference (included topics on Title IX, Minors on Campus, Foresight through hindsight: expert advice on the New Title IX regulations; updates in employment law, etc.); Withdrawal of Federal Guidance, Annual KC Labor and Employment Seminar 2018, 2019, 2020 sponsored by Husch Blackwell which included Title IX, Regulations and their Effect on your Campus and many other topics.
    • The same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The institution may not limit the choice of advisor but may establish limits regarding the extent to which that advisor may participate in the proceeding, as long as those limits apply equally to both parties.
    • Have the outcome determined using the preponderance of the evidence standard.
    • Simultaneous, written notification of the results of the proceeding, any procedures for either party to appeal the result, any change to the result, and when the result becomes final. For this purpose, “result” means “any initial, interim and final decision by an official or entity authorized to resolve disciplinary matters” and must include the rationale for reaching the result and any sanctions imposed.

    Possible Sanctions or Protective Measures that the University May Impose for Dating Violence, Domestic Violence, Sexual Assault, or Stalking Offenses

    Following a final determination in the University’s disciplinary proceeding that one of the above offenses has been committed, the University may impose penalties depending on mitigating and aggravating circumstances involved. For employees, potential sanctions include progressive discipline, counseling, limitations on activities or access to certain events or facilities, training, separation of the parties, written reprimand, no trespass orders, probation, suspension, demotion, or termination. For students, potential sanctions include limitations on activities or access to certain events or facilities, mandated educational programming or training, fines, restitution, delaying or postponing honors or degrees, counseling, mental health assessment, suspension or termination of student employee job or leadership positions, community service, written apologies, reflective paper, separation of the parties, no-trespass orders, written reprimand, full or partial housing bans, probation, suspension, and expulsion, conditions upon re-enrollment after suspension or expulsion.

    Student suspensions from the University result in the exclusion of the student from participating in any academic or non-academic activity of the University for a stated period of time. A suspension is typically for one term or one academic year but can be longer depending on the seriousness of the offense. To be considered for re-admission, suspended students must reapply for admission to the University and be in full compliance with any and all conditions imposed by the Title IX office or Disciplinary Hearing Committee (whichever applies).

    Employee suspensions from the University result in the exclusion of the employee from participating in any job-related functions or activities, academic or non-academic activity of the University for a stated period of time. A suspension is typically for one term or one academic year but can be longer depending on the seriousness of the offense. To be considered for return to job duties, suspended employees must be in full compliance with any and all conditions imposed by the Title IX office and/or the Human Resource Office.

    In addition, the University can make available to the victim a range of protective measures. They include: forbidding the accused from entering the victim’s residence hall and from communicating with the victim, other institutional no-contact orders, security escorts, modifications to academic requirements or class schedules, changes in working situations, etc.

    Publicly Available Recordkeeping

    Saint Luke’s College of Health Sciences will complete any publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifiable information about victims of dating violence, domestic violence, sexual assault, and stalking who make reports of such to Saint Luke’s College of Health Sciences to the extent permitted by law.

    Victims to Receive Written Notification of Rights

    When a student or employee reports to Saint Luke’s College of Health Sciences that he or she has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off-campus, Saint Luke’s College of Health Sciences will provide the student or employee a written explanation of his or her rights and options as described in the paragraphs above.

    Sex Offender Registration Program

    The Campus Sex Crimes Prevention Act of 2000 requires institutions of higher education to advise members of the campus community where they can obtain information provided by the state concerning registered sex offenders. It also requires sex offenders to notify the state of each institution of higher education in the state at which they are employed or enrolled or carrying on a vocation. The state is then required to notify the University of any such information it receives. Anyone interested in determining whether such persons are on this campus may do so by contacting the Title IX Coordinator at 816.936.8716. State registry of sex offender information may be accessed at the following link: https://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/SOR/SORPage.html

    Timely Warnings and Emergency Response

    Timely Warnings

    In the event of criminal activity occurring either on campus or off campus that in the judgment of the Dean of Students/Vice President, University’s Title IX Coordinator, and the Chief of Department of Safety and Security constitutes a serious or continuing threat to members of the campus community, a campus-wide “timely warning” will be issued. Examples of such situations may include a sexual assault or a series of motor vehicle thefts in the area that merit a warning because they present a continuing threat to the campus community. Warnings will be communicated to students and employees via one or more of the methods discussed later in this section. Updates to the warnings will be provided as appropriate.
    
    Anyone with information warranting a timely warning should immediately report the circumstances to:

    • The Chief of Department of Safety and Security, 816-501-4010
    • Dispatch Communication Center, 816-501-4010
    • Director of Residence Life/Associate Vice President for Student Development, 816-501-4843
    • University’s Title IX Coordinator, 816- 501-4036
    • Dean of Students/Vice President for Student Development & Athletics, 816-501-4030

    The University has communicated with local law enforcement asking them to notify the University if it receives reports or information warranting a timely warning.

    Emergency Response

    The University has an emergency management plan designed to ensure there is a timely and effective response in the event of a significant emergency or dangerous situation occurring on campus involving an immediate threat to the health or safety of members of the campus community. Such situations include, but are not limited to: tornadoes, bomb threats, chemical spills, disease outbreaks, fires, active shooters, etc.  The University has communicated with local police requesting their cooperation in informing the University about situations reported to them that may warrant an emergency response.

    Students, staff, and visitors are encouraged to notify the Chief of the Department of Safety and Security at 816-501-4010 of any emergency or potentially dangerous situation.

    If the report of the emergency does not come from an authoritative source (such as law enforcement, weather station, or health agency), the Rockhurst University Department of Safety and Security will respond immediately to determine the type and extent of the emergency.  That information will be directed to the Department of Safety and Security Dispatch Center, where it will then be forwarded to the Chief of Department of Safety Security and other designated University officials in the Emergency Operations Plan.  They will convene, initially by phone and ultimately in the Incident Command Post according to the Rockhurst University Emergency Operations Plan, which conforms to the requirements contained in FEMA’s National Incident Management System (NIMS).

    When an emergency happens, a response is guided by the Emergency Operations Plan of the university.

    • Response to campus emergencies is carried out by a First Responder Department. In most cases, the first responder will be the University’s Department of Safety and Security, who will evaluate the incident, make the determination that an emergency exists by evaluating the casualties, possible danger to others because of the situation (damaged buildings, active shooter, power failure, flood etc.).The first responders will then facilitate the contact of outside responders, carry out first aid and other immediate emergency response procedures, including the activation of the university’s Emergency Operations Plan.
    • A message to the campus will be disseminated as rapidly as needed. Either an emergency alert (action information) or an emergency notification (non-action communication for information only) will be created. After choosing which message to send, a decision will be made as to the audience that it will be sent (in some situations, only a segment of the campus community may need to receive a notification, as determined by the appropriate University officials).
    • An alert officer (four are available) is then contacted and directed to send the message to the audience. After the first fifteen minutes, the Emergency Operations Staff convenes and begins working on the situation. Additional updates will flow from the Incident Command Post under the guidance of the Incident Commander, Liaison Officer, Public Information Team Leader, and the Safety Officer. Information will continue to be presented by the Alert Officers as directed by the Public Information Officer.
    • The University will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist the victim or to contain, respond to or to otherwise mitigate the emergency.
    • Formulating the content of the notification to be disseminated to the campus community on an ongoing basis after the first fifteen minutes will be done using the following criteria:
      • Description of events that have occurred: tornado, fire, explosion with a damage estimate including the extent of the crisis. Active shooter or hostage situation with instructions to Run, Hide, Fight. Including casualty reports and damage estimates. Should also include other problems, such as gas main, water main or electrical problems that impact the situation. Information on damage to or casualties in the city or immediate area should be included.
      • Details of how members of the campus community should respond to the situation; for example, in the event of a tornado warning, the campus will be notified via city-wide siren activation, bell tower alert tone, textcaster messaging, campus email. Fire alarms will sound in the event of a fire. All buildings are equipped with fire, tornado evacuation procedures, and with Run, Hide, Fight Instructions in the event of an armed intruder.
      • Run, Hide, Fight – This is the recommended method of the Rockhurst Department of Safety and Security for informing the campus on what measures to take in the event of an armed intruder. The meaning of Run, Hide, Fight is illustrated in the below diagram:

    Run	Hide	Fight
    Have an escape route and plan in mind	Hide in an area out of the shooter's view	As a last resort and only when your life is in imminent danger
    Leave your belongings behind	Block entry to your hiding place and lock the door	Act with aggression and throw items at the active shooter
    Keep our hands visible	Silence your cell phone and/or pager	Attempt to incapacitate the shooter

    The Chief of the Department of Safety and Security will direct the issuance of emergency notifications, which will be accomplished using one or more of the methods discussed later in this section, depending on the nature of the threat and the segment of the campus community being threatened.

    If determined necessary based on the circumstances, the University’s Department of Safety and Security will notify local law enforcement of the emergency if they are not already aware of the event. Local media outlets may be notified by local law enforcement to inform the larger community (outside the campus) of the emergency.

    The President’s Office, the Office of Public Relations and Marketing, the Academic Dean’s Office, and the Dean of Students’ Office will notify other campus constituents of the emergency and its ongoing requirements.  These include but are not limited to the following: Board of Trustees, Regents, Parents, other relevant organizations, and institutions in the surrounding area.

    Methods for Issuing Timely Warnings and Emergency Notifications

    The method(s) listed below may be utilized when the University issues a timely warning or emergency notification to the campus community.

    Method	Sign-Up Instructions
    Security Notices via email	N/A
    Three main residence halls, McGee, Corcoran, and Xavier-Loyola are equipped with paging systems	N/A
    CampusEye Mobile Phone App	Free service to University. Sign up by downloading software from your mobile app store. Obtain University code from Rockhurst University Department of Safety and Security Dispatcher.
    Rockalerts Notification System	This is a free service. Sign up at: https://my.textcaster.com/asa/Default.aspx?ID=5cf7b002-2ca8-44c7-8f98-4719cd463412

    Testing & Documentation

    Testing Emergency Procedures, Training & Documentation

    • Emergency Operations Plan (EOP) is reviewed annually and updated as needed.
    • Delivery of emergency information to campus is tested at least once per semester; includes text messaging, bell tower, selected code blue towers, and other P.A. Announcements, campus email. These are announced tests and a record describing how the test was conducted. The date and time of the test are on file in the Department of Safety and Security. 
    • Tabletop exercise of a selected emergency - This is an announced exercise with an invited participant list. A record of the exercise, including what was involved and an evaluation of its effectiveness along with the date and time of the exercise, are kept on file in the Department of Safety and Security.
    • Fire Drills in all campus buildings once each fall - Tornado drills in all campus buildings once each Spring. Residence hall fire drills once per semester. Drill records on file in the Department of Safety and Security. Fire drills are announced by date and day. The time of the drill is never announced. The location, date, day, and time of the drill are recorded as well as information on the exercise itself (how long did evacuation take). It is then kept on file in the security office.
    • Members of the Emergency Response Teams, including all members of the Incident Command System as outlined in the EOP (Emergency Operations Plan) receive annual training on the EOP.

    The Chief of the Department of Safety and Security maintains a record of these tests and training exercises, including a description of them, the dates and times they were held, and an indication of whether they were announced or unannounced. In connection with at least one such test, the University will distribute to its students and employees information to remind them of the University’s emergency response and evacuation procedures.

    Crime Statistics

    The statistical summary of crimes for this University over the past three calendar years follows:

    	On-Campus			Non-Campus			Public Property
    Crime	2020	2019	2018	2020	2019	2018	2020	2019	2018
    Murder/Non-Negligent Manslaughter	0	0	0	0	0	0	0	0	0
    Manslaughter by Negligence	0	0	0	0	0	0	0	0	0
    Rape	0	0	0	0	0	0	0	0	0
    Fondling	0	0	0	0	0	0	0	0	2
    Statutory Rape	0	0	0	0	0	0	0	0	0
    Incest	0	0	0	0	0	0	0	0	0
    Aggravated Assault	0	0	0	0	0	0	0	0	0
    Burglary	0	0	3	0	0	0	0	0	3
    Robbery	0	0	1	0	0	0	0	0	1
    Motor Vehicle Theft	0	0	4	0	0	0	0	0	0
    Arson	0	0	0	0	0	0	0	0	0
    Arrest - Liquor Law Violation	0	0	0	0	0	0	0	0	0
    Arrest - Drug Abuse Violation	0	0	0	0	0	0	0	0	0
    Arrest - Weapon Violation	0	0	0	0	0	0	0	0	0
    Disciplinary Referral - Liquor Law Violation	0	0	0	0	0	0	0	0	0
    Disciplinary Referral - Drug Abuse Violation	0	0	0	0	0	0	0	0	0
    Disciplinary Referral - Weapon Violation	0	0	0	0	0	0	0	0	0
    Domestic Violence	0	0	2	0	0	0	0	0	0
    Dating Violence	0	0	0	0	0	0	0	0	0
    Stalking	0	1	0	0	0	0	0	0	0

    * The University does not have on-campus student housing facilities.

    Hate crimes:

    2020: No hate crimes reported.
    2019: No hate crimes reported.
    2018: No hate crimes reported.

    Crimes unfounded by the University:

    2020: 0 unfounded crimes.
    2019: 0 unfounded crimes.
    2018: 0 unfounded crimes.

    Statistics for unfounded crimes provided by law enforcement agencies:

    2020: 0 unfounded crimes.
    2019: 0 unfounded crimes.
    2018: 0 unfounded crimes.
    
    Data from law enforcement agencies:

    • Saint Luke’s College of Health Sciences was provided with some crime data from law enforcement agencies for which it cannot be determined whether any of the statistics apply to or include St. Luke’s Clery Geography.
    • Certain law enforcement agencies did not comply with Saint Luke’s College of Health Sciences’ request for crime statistics.

 

Crime Statistics

 

The statistical summary of crimes for this College over the past three calendar years follows:

 

 

 

*The College does not have on‐campus student housing facilities.

 

Hate crimes:

2020: No hate crimes reported.

2019: No hate crimes reported.

2018: No hate crimes reported.

 

Crimes unfounded by the College:

2020: 0 unfounded crimes.

2019: 0 unfounded crimes.

2018: 0 unfounded crimes.

 

Statistics for unfounded crimes provided by law enforcement agencies:

2020: 0 unfounded crimes.

2019: 0 unfounded crimes.

2018: 0 unfounded crimes.

 

             

Luke’s Hospital (SLH), SLHS, and the Center for Disease Control (CDC), if necessary.

 

Other Emergency Situations (not requiring emergency responders)  INJURY or

ILLNESS

1.   Provide immediate first aid, if appropriate.

2.   Call 911 if it is emergency.

3.   Report as soon as possible to the Employee Health at extension 23176 (employees only).

 

TESTING

Testing will be done yearly for severe weather or other emergencies notification via SLHS Alerts and/or via email.

 

Fire drills will be conducted once per semester in coordination with SLHS Security.  Security will time the drill to verify timely and safe building evacuation. Tornado drills will be conducted once per year in coordination with SLHS Safety Department.

 

CONTENT                                            

NON-DISCRIMINATION POLICY

 

Applicants for admission and employment, students and employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with Saint Luke’s College of Health Sciences are hereby notified that this institution does not discriminate on the basis of race, color, gender, religion, age, class, ethnic or national origin, ancestry, sex, sexual orientation or gender identity, disability, pregnancy, institutional status, military status, or other legally protected status in admission or access to, of treatment or employment in, its programs and activities. Any person having inquiries concerning compliance by Saint Luke’s College of Health  Sciences  with  the  regulations  implementing  Title  VI,  Title  IX,  or  Section  504  is  directed  to  contact  the  College President, the Title IX Coordinator, the Chief Dean of Students, or Director of Financial Aid at 624 Westport Rd, Kansas City, Missouri 64111, 816-936- 8700, who have been designated by Saint Luke’s College of Health Sciences to coordinate the institution’s efforts to comply with the regulations implementing Title VI, Title IX, and Section 504. Inquiries may also be addressed to the Assistant Secretary for Civil Rights, U.S. Department of Education. Contact for the U.S. Department of Education is available at: https://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm.

 

Saint Luke’s College Policy Number CO-019

 

Issued by Administration Reviewed by Legal 10/13/2016, Revised by Husch Blackwell 3/9/2018 Revised by Husch Blackwell 3/2019

Effective date: 11/1/2016 3/27/2019

Board approved 9/9/2016

Cabinet approved3/12/2018, 3/27/2019

Next Review 11/1/2018, 11/1/2020

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