Rockhurst University Annual Clery Act Security and Fire Report

EMERGENCY PREPAREDNESS PROCEDURE

These emergency preparedness procedures are published with the understanding that disasters will occur. It is the desire of Saint Luke’s College of Health Sciences (SLCHS) to provide as safe an environment as possible for students, faculty and staff. This is the principal planning source that explains how SLCHS will coordinate and  engage available resources to administer a comprehensive, scalable emergency preparedness   program. The plan’s primary purpose is to minimize loss of life, prevent injuries, protect  property, safeguard the environment and sustain normalcy  by  effectively  and  efficiently    responding  to  internal  and  external  emergencies, disasters and/or catastrophic incidents.

This handbook  is designed  to  guide you  during emergencies  such  as fires, disasters, bomb threats or medical.  Anyone wishing more information regarding emergency procedures should contact the Director of Bursar Operations at 816-936-8725.

Updated 7/2018

COMMUNICATION

In the event of an emergency, the SLCHS President or his/her designee will communicate to the    campus  community  as  soon  as  information  is  available  and  verified.  The  following methods will be used to notify students, faculty and staff of school closings. The following methods will be used to communicate emergency information:

•   Email to all students, faculty, and staff

•   SLHS (text) Alerts (will only be sent to those enrolled)

•   Main page of SLCHS web site

•   Voicemail on the main College phone: 816-936-8700

•   KMBC Channel 9 (ABC)

•   KCTV5 Channel 5 (CBS)

•   KSHB Channel 41 (NBC)

•   FOX Channel 4 (FOX)

To contact SLCHS about an emergency, please call Security at 816-932-2911 or the College at

816-936-8700.

INCLEMENT WEATHER (THUNDERSTORM, TORNADO, SNOW, ETC.)

SLCHS  wants  to  keep  its  students,  faculty,  and  staff  safe  during  inclement  weather.  It  is recognized  that  weather  conditions  near  one’s  home  may  be  different  from  that  near  the College. The College participates in Saint  Luke’s Health System Alerts for severe weather alert notifications  and  additional  weather  resources.   This  includes  the  review  of  the  National Weather  Service  (www.weather.gov)  projections  along  with  the  condition  of  main  traffic

arteries, to determine the appropriateness of holding classes.

When weather predictions signal the potential for paralyzing weather, SLCHS Administration will monitor the status of inclement weather to determine if action is necessary. If action is necessary, faculty, staff, and students will be notified.

TORNADO WARNINGS

If a tornado warning is issued which involves the warning area around  SLCHS, the following procedures will be engaged:

1.   An overhead announcement will be made via the Cisco phone system.

2.   An announcement via College mass notification system is sent.

3.   All occupants of the building should proceed immediately to the A-Level.

4.   Do not use elevators.

5.   The administration will monitor the situation and notify occupants when it is safe  to return to their classrooms/offices.

6.   Students attending clinicals should follow process of your clinical site.

7.   Do NOT stop to collect personal belongings.

EARTHQUAKE

If a tremor strikes when you are inside:

1.   Stay inside. Watch out for falling debris. Stay away from windows and mirrors.

2.   Either crawl under a table or desk, sit or stand against an inside wall away from windows, or stand inside a strong doorway.

After the tremor is over:

1.   Check for injured people. Do not move seriously injured people unless they are in immediate danger.

2.   If you think the building has been damaged, please evacuate. After-shocks can level severely damaged buildings.

3.   Do not use the telephone except to report an emergency. If a call is necessary, dial

Security at extension 22911 and report the emergency situation to the communications operator. Be sure to give your name, building and room number,

and telephone extension.

4.   Do not use plumbing or anything electrical (including elevators) until after the utility and electrical lines have been checked.

5.   Open doors carefully, watching for objects that may fall.

6.   Do not use matches or lighters. Watch for fires that may have started.

7.   Be prepared for additional after-shocks.

Facilities Management will coordinate the inspection of damage from the earthquake  and determine the priority of repair work needed.

CHEMICAL/HAZARDOUS WASTE

SLCHS will adhere to the hazardous waste policy as written for SLH/SLHS.  The policy can be  found in the SLHS Policies and Procedures portal.

FIRE

If you hear the fire alarm:

1.   Leave the building by the nearest exit (faculty is responsible for seeing that  students exit).  Do NOT stop to collect personal belongings.

2.   Do NOT use the elevators.

3.   Close all doors as you leave to contain or confine the fire and minimize the  spread of smoke.

4.   Do NOT re-enter the building.

5.   Assemble at the lower parking lot located north and east of the building unless directed to another location by safety personnel.

If smoke or fire is sighted, implement R.A.C.E.:

R Rescue or remove any persons from the immediate scene.

A Activate call to 911 and pull the fire alarm located between the glass doors at the  back of the building. Stay on the line until the operator has all the information.

C Contain or confine the fire and minimize the spread of smoke by closing the door to the room or area involved.

E Extinguish if possible, or Evacuate the building (do NOT use elevators).

Fire Extinguisher Operation

Fire extinguishers are located near building exits. Although the majority of extinguishers work with these directions, there are exceptions. Know  the correct operating instructions for extinguishers in your area. The following instructions follow the P.A.S.S.:

P  Pull the pin. Some units require the releasing of a lock latch, pressing a puncture lever, or  other motion.

A  Aim the extinguisher nozzle (horn on CO2 or hose on Dry Chemical extinguisher) at the  base of the fire.

S  Squeeze or press the handle. Alternate opening and releasing the control level on the extinguisher to help conserve the length of the time the extinguisher will operate.

S  Sweep from side to side at the base of the fire until it goes out. Shut off the extinguisher  by releasing the handle. Watch for reflashing of fire and reactivate the

extinguisher if  necessary.

EXPLOSION

If an explosion occurs at SLCHS:

1.   Faculty and staff will coordinate an orderly evacuation.

2.   Activate fire alarm system (pull boxes) and call/fire emergency phone 911.

3.   Prepare for further evacuation, if necessary.

4.   Use telephones for emergencies only.

If an explosion is in another area, await specific instructions.

BOMB DEVICE FOUND

If a bomb device is found:

1.   Isolate the area.

2.   Call 911. Stay on the line until the police tell you to disconnect.

3.   Handling of any suspected explosive device must be left to experts.

4.   Evacuate the building. Evacuate by room, starting with rooms nearest the device.

5.   Turn off all cell phones and two ways radios.

6.   Do not turn lights on and off.

7.   SLHS Facilities and Security will be notified by the College administration of the device.

BOMB THREAT

If you receive a telephone bomb threat:

1.   Do not hang up.

2.   Remain calm.

3.   If the phone has caller-ID, note the telephone number.

4.   Try to prolong the conversation and get as much information as possible.

5.   Note what you hear. Are there background noises, such as music, voices, or cars?

6.   How does the caller’s voice sound? Any accent? What sex? What age? Any unusual words or phrases?

7.   Does the caller seem to know about the College? How is the bomb location

described? Does the caller use a person’s name? Does the caller give his/her name?

8.   When the call is over, notify Security at extension 22911 and complete the bomb threat report immediately. This is located at the front desk and on the S-Drive under

Policies and Procedures.

9.   After this is done, notify the administration. Then stand by for further  instructions.

Do not mention the threat to other employees, students, or visitors, which   could cause undue concern or panic.

10. If it is deemed necessary to evacuate, you will be notified via SLHS Alerts and email.

If you discover a bomb, threatening note, or other suspicious item:

1.   Leave it untouched and secure the area until Security arrives.

2.   Contact Security at extension 22911 and report the suspicious item. Follow the procedures (starting at step #9) listed above.

GAS LEAK

If you smell gas:

1.   Contact the College Services Center (front desk) at extension 38700.

2.   SLHS Facilities will communicate with the local utility company (external).

3.   SLCHS will communicate to the campus community (internal) via SLHS Alerts and/or email.

ARMED INTRUDER/ACTIVE SHOOTER

An “active shooter situation” is defined as any incident involving an armed person or group of  persons who engage in random or targeted physical force of another person(s) and continues to  do so while having unrestricted access to additional victims. They are actively engaged in killing   or attempting to kill people in a confined and populated area; in most cases, active shooters  use firearms and there is no pattern or method to their selection of victims.

The first person to recognize that an active shooter situation is occurring should call 911.

Procedure for response to an active shooter in your area:

In the event of an active shooter situation, faculty, staff and students should

immediately assess the situation an apply one of the response options described below.

Run/Evacuate: If there is a safe, accessible escape path, attempt to evacuate the premises. Be sure to:

1.   Have an escape route and plan in mind.

2.   Evacuate regardless of whether others agree to follow.

3.   Leave your belongings behind.

4.   Help others escape, if possible.

5.   Prevent individuals from entering an area where the active shooter may be.

6.   Keep your hands visible.

7.   Follow the instructions of any police officer.

8.   Do not attempt to move wounded people.

9.   Call 911 when you are safe.

Hide: If evacuation is not possible, find a place to hide where the active shooter is less  likely to find you. Your hiding place should:

1.Be out of the active shooter’s view.

2.Provide protection if shots are fired in your direction (i.e., an office with solid walls and a door that closes and locks).

3.Do NOT trap yourself or restrict your options of movement.

4.To prevent an active shooter from entering your hiding place, lock the door and blockade the door with heavy furniture.

Fight: If evacuation or hiding is not possible, as a last resort and only when your life is in imminent danger, you should:

1.   Act with aggression to in capitate the shooter.

2.   If you can, plan a coordinated attack with other team members.

3.   Utilize improvise weapons as striking objects.

TERRORIST INCIDENT

Incidents of terrorism occurring world-wide take many forms. While it may seem remote that our campus may be targeted, federal officials continuously monitor terrorist group activities to determine where a threat may occur. If a threat specifically targets the geographic location in which the campus is located, or campus specifically, the College will evaluate such

information and coordinate the appropriate response.

Terrorist incidents may include, but may not be limited to:

1.   biological or chemical attacks

2.   Radiological devices or attacks.

The Department of Homeland Security defines terrorism as "A violent act or an act

dangerous to human life, in violation of the criminal laws of the United States or any segment to intimidate   or coerce a government, the civilian population, or any segment thereof, in

furtherance of  political or social objectives."

What to do

If you see something suspicious, or if you receive information that may indicate that the campus may be targeted for terrorist activity, notify Police immediately. Dial 911.  Provide the dispatcher with the specifics of the suspicious activity or threat, and meet with an officer at a safe location.

Stay Alert

•   Watch for strangers or anyone who seems to be acting suspiciously.

•   If you see anything raising your concern - including unattended bags, backpacks, packages, cars  or vehicles – call 22911.

•   If you see something that should be secured but is not, let Security know by dialing

22911

Campus Terrorism Response Plan

As soon as information becomes available that a terrorist incident may occur or has occurred on campus, the College's Incident Command System (ICS) will be activated and will coordinate  the campus response. Depending on the type of incident, the ICS will coordinate possible  evacuations, cancellations, communications and emergency response.

Campus officials, including SLHS Security, will assess each situation carefully to   determine

the best response. That response will be implemented under the guidance of the ICS as well as other local, state and federal emergency agencies.

CIVIL UNREST

Civil disturbances include riots, property damage, threatening individuals, or assemblies that have become significantly disruptive.

Demonstrations are visible actions designed to advocate a position on a particular issue. Most are peaceful, although they may occasionally cause an inconvenience. They may become problematic when they interfere with SLCHS business.  College administration may monitor demonstrations.

In Case of Civil Disturbance or Demonstration:

If the site activates perimeter controls for any issue, follow the directions of building leadership.

•   If perimeter controls are active, do not utilize perimeter doors until told it is safe to do so.

•   If arriving at the school and you see a demonstration at the site, call to see if it is safe to enter the building.

•   Avoid provoking or obstructing demonstrators.

•   Secure your area (doors, safes, files, vital records, expensive equipment).

•   Avoid the area of the disturbance.

•   Report any unauthorized persons in your building to SLHS Security at extension

22911.

•   Continue with normal routines as much as possible. Follow the directions of site leadership.

•   Stay inside away from doors and windows.

•   Notify:  SLHS Security at extension 22911.

•   Call 911 if there is a threat to life or safety.

•   Call SLHS Security at extension 22911 if the disturbance threatens the individual safety or SLCHS property.

BEHAVIORAL EMERGENCY

When an upset person is argumentative and/or hostile and behaviors demonstrate a potential for violence, call Security at extension 22911. This will   allow Security to provide assistance to safely take control, if necessary. At least one of the  officers responding will have training in Non-Violent Crisis Prevention Intervention.

OUTBREAK OF SERIOUS ILLNESS

Students and employees will be notified. Information will be communicated with the Saint

I.            POLICY STATEMENT

Saint Luke’s College of Health Sciences (the “College”) is committed to providing a learning, working, and living environment that promotes personal integrity, civility, and mutual respect in an environment where individuals are free from sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, stalking, and retaliation (collectively “sexual misconduct”). The College considers sexual misconduct in all its forms to be a serious offense.

In  compliance  with  Title  IX  and  its  implementing  regulations,  the  College  has  implemented  this  policy  to eliminate, prevent and address conduct that constitutes sexual misconduct.

Sex  discrimination  constitutes  a  violation  of  this  policy,  is  unacceptable,  and  will  not  be  tolerated.  Sex discrimination includes discrimination on the basis of pregnancy, gender identity, and failure to conform to stereotypical notions of femininity and masculinity.

Sexual Harassment (as defined below in Section IV.C), whether verbal, physical, or visual, is always inconsistent with the mission and expectations of the College, and may constitute a form sex discrimination in violation of this policy. Sexual  harassment  also  includes  sexual  violence/assault  (as  defined  below  in  Section  IV.D).  Sexual  Violence  is  a particularly severe form of sexual misconduct. Examples of specific conduct that constitutes sexual harassment and sexual violence/assault are also set forth below. The College also prohibits domestic and dating violence, and stalking. Further, retaliation for reporting or participating in investigation or remediation of, sexual misconduct is prohibited.

II.           SCOPE

This   policy   applies   to   administrators,   faculty,   and   other   College   employees;   students;   applicants   for employment; customers; third-party  contractors; and all other persons that participate in the  College’s educational programs and activities, including third-party visitors on campus (the “College Community”). This policy prohibits sexual misconduct  even when the  complainant  and  alleged perpetrator are members of the  same  or opposite sex,  and  it applies  regardless  of  national  origin,  immigration  status,  or  citizenship  status.  The  College’s  prohibition  on  sexual misconduct extends to all aspects of its educational programs and activities, including, but not limited to, admissions, employment, academics, and student services.

The College has jurisdiction over Title IX-related complaints regarding conduct that occurred on campus, during or at an official College program or activity (regardless of location), or off campus when the conduct could create a hostile environment on campus. The College will investigate all complaints made under this policy and, if necessary, take action to prevent the recurrence of sex discrimination and remedy its effects.

III.          TITLE IX STATEMENT AND COORDINATORS

It is the policy of the College to comply with Title IX of the Education Amendments of 1972 and its implementing regulations,  which  prohibit  Sex  Discrimination  in  the  College’s  educational  programs  and  activities.  Title  IX  and  its implementing regulations also prohibit retaliation for asserting claims of Sex Discrimination. The College has designated the following Title IX Coordinator  and Deputy Title  IX  Coordinator to coordinate  its compliance with Title  IX and to receive inquiries regarding Title IX, including complaints of sexual misconduct:

Marcia Ladage

Chief Dean of Students and Title IX Coordinator

624 Westport Road

Kansas City, MO 64111

Telephone: 816-936-8716

E-mail:  marcia.ladage@rockhurst.edu

Tere Naylor

Director of Institutional Effectiveness/Deputy Title IX Coordinator

624 Westport Road

Kansas City, MO 64111

Telephone: 816-93608726

E-mail:tere.naylor@rockhurst.edu

In addition to the reporting options under this policy, 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.

IV.          SEXUAL MISCONDUCT

A.           Definition of Sexual Misconduct

This policy  prohibits sexual misconduct.  “Sexual Misconduct”  is an umbrella term  covering sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, stalking, and retaliation. Sexual misconduct does not  depend on the gender, gender identity, or sexual orientation of the alleged victim and alleged perpetrator. Thus, sexual misconduct can occur between persons who consider themselves to be of the same gender, the opposite gender, or to otherwise have differing gender identities. This term will be used throughout the remainder of this policy and the Complaint Resolution Procedures when collectively referring to these types of conduct.

B.           Sex Discrimination

The College prohibits discrimination on the basis of sex (“Sex Discrimination”) in all the College’s programs and activities. Sex Discrimination occurs when a person is excluded from participation in, or denied the benefits of, any College program or activity because of their sex. Sex discrimination includes materially adverse treatment or action based on a person’s:

  biological sex

  pregnancy status

  gender, gender expression, or sexual identity

  and/or failure to conform to stereotypical notions of masculinity and femininity (so called “gender stereotyping”).

Sex discrimination also includes conduct that meets the definitions of sexual harassment and sexual violence, as set forth below.

Examples of Sex Discrimination

Specific examples of conduct that may constitute sex discrimination include:

  Giving unequal pay, promotions, or other job benefits on the basis of gender.

  Allowing a person’s gender to influence the grade conferred in a class.

  Denying persons access to a given degree or major because of their gender.

  Requiring a pregnant student to verify pregnancy-related absences with a doctor’s note when such

verification is not required of students with other medical conditions.

  Excluding a person from a College sponsored group because the person has a gender identity different than the gender assigned to the person at birth.

  Excluding a person from participation in a College sponsored activity based on stereotypical notions of

how a person of a given gender or sexual identity should look, speak, or act.

  Conduct that meets the definition of sexual harassment or sexual violence, as set forth below.

C.           Definition of Sexual Harassment and Examples

Sexual   Harassment   is   any   unwelcome   conduct   of   a   sexual   nature.   Sexual   Harassment   constitutes   Sex Discrimination when it  denies  or limits a person’s ability  to  participate  in or benefit from  the College’s programs and activities.  Sexual  harassment  can  include  sexual  advances,  requests  for  sexual  favors,  and  other  verbal,  non-verbal, physical, or visual conduct of a sexual nature. Sexual harassment rises to the level of sex discrimination, and is prohibited by this policy as sexual misconduct, when:

●          Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of any aspect of an individual’s employment or education;

●          Submission to or rejection of such conduct by a person is used or threatened to be used as a basis for for academic or employment decisions affecting that individual; or

●          Such conduct has the purpose or effect of substantially interfering with an individual’s performance at work, or in academic, athletics, or other extra-curricular activities, or creating what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment (i.e., a “hostile environment”).

In determining whether unwelcome conduct of a sexual nature rises to the level of creating a hostile environment, the College will consider the totality of circumstances including but not limited to, the nature and severity of the conduct, the duration of the conduct, whether the conduct is part of a pattern, the age of the potential victim, and whether there is  a  power  differential  between  the  alleged  victim  and  alleged  perpetrator.  The  College  will  evaluate  the  totality  of circumstances from the perspective of a reasonable person in the alleged victim’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 College encourages members of the College Community to report any and all instances of Sexual

Harassment, even if they are unsure whether the Sexual Harassment constitutes Sex Discrimination.

Some specific examples of conduct that may constitute sexual harassment if unwelcome include::

●         Unreasonable pressure for a dating, romantic, or intimate relationship or sexual activity

●         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 and Internet 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 in a sexual manner

●         Giving unwelcome personal gifts such as lingerie that suggest the desire for a romantic relationship

●          Requesting sexual favors in return for employment, athletic, or other rewards, or threats if sexual favors are not provided

●          Disseminating sexual pictures or videos of another person without consent regardless of whether the pictures or videos were obtained with consent

●         Sexual Violence (as defined below)

Further examples of Sexual Harassment may be found in the Frequently Asked Questions below.

D.           Definition of Sexual Violence and Examples

Sexual Violence is a form of prohibited Sexual Harassment. Sexual violence is a particularly severe form of sexual harassment that, by its very nature, is likely to create a hostile environment. Sexual Violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent because of his or her temporary or permanent  mental  or  physical  incapacity,  because  he  or  she  is  below  the  minimum  age  of  consent  in  the  applicable jurisdiction, or because of his or her incapacitation due to the use of drugs and/or alcohol. A single instance of Sexual Violence  may  be  sufficiently  severe  to  deny  or  limit  a  person’s  ability  to  participate  in  or  benefit  from  the  College’s programs or activities, and, therefore, constitute Sex Discrimination.

Some examples of Sexual Violence include:

●          Rape or sexual assault: Sexual intercourse (anal, oral, or vaginal) by a man or woman upon a man or woman without consent

●          Unwilling sexual penetration (anal, vaginal, or oral) with any object or body part that is committed by force, threat, or intimidation

●         Sexual touching with an object or body part, by a man or woman upon a man or woman, without consent

●          Sexual touching with an object or body part, by a man or woman upon a man or woman, committed by force, threat, or intimidation

●         Prostituting another person

●         Non-consensual video or audio-taping of sexual activity

●         Knowingly transmitting a sexually transmitted disease to another

Further examples of Sexual Violence may be found in the Frequently Asked Questions below.

E.           Definition of Consent

Consent is defined as conduct that a reasonable person would understand to indicate agreement to the sexual conduct at issue. Under this Policy, must be informed, freely given, and mutually understood.. Consent is not passive. Lack of consent is a critical factor in determining whether Sexual Violence has occurred. Consent is informed, freely given, and mutually understood.

●          If coercion, intimidation, threats, and/or physical force are used, there is no consent. Coercion is direct or implied threat of danger, hardship, or retribution sufficient to persuade a reasonable person to engage in sexual activity in which they otherwise would not engage or to which they otherwise would not submit. Coercion is different from seductive behavior based on the type of pressure someone uses to get another to  engage  in  sexual  activity.  A  person’s  words  or  conduct  cannot  amount  to  coercion  unless  they wrongfully impair the other’s free will and ability to choose whether or not to engage in sexual activity. Coercion can include unreasonable and sustained pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive; once a person has made it clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, you should be absolutely clear that they have changed their mind and are consenting before proceeding in sexual activity with them.

●          If a person is mentally or physically incapacitated by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent.

o          Warning signs of when a person may be incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent.

●         If a person is asleep or unconscious, there is no consent.

●         If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent.

●         Consent to one form of sexual activity does not imply consent to other forms of sexual activity.

●         Consent to past sexual activity does not imply consent to other forms of sexual activity

●          Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.

●          Consent can be withdrawn by verbal or physical conduct that a reasonable person would understand to indicate a desire to stop or not engage in the sexual conduct at issue.

●          While consent can be withdrawn, a withdrawal of consent operates going-forward. It does not change the consensual nature of sexual activity that has already occurred.

●         Being in a romantic relationship with someone does not imply consent to any form of sexual activity.

●          Consent can be withdrawn. 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.

●          Effective consent may not exist when there is a disparity in power between the parties (e.g., faculty/student, supervisor/employee).

F.           Definition of Domestic Violence, Dating Violence and Stalking

The crimes of Domestic Violence, Dating Violence and Stalking are considered to be a violation of this policy, no matter the motivation behind them.

1.           Domestic Violence

“Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of a 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 or the victim under  the  domestic or family  violence  laws of the jurisdiction in which the crime of violence occurred, 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  the jurisdiction in which the crime of violence occurred.

●         Missouri’s definition of domestic violence can be found at Mo. Rev. Stat. § 455.010.

●         Under Missouri law, domestic violence also includes the crime of “domestic assault”

which can be found at Mo. Rev. Stat. §§ 565.072-565.074.

2.           Dating Violence

“Dating Violence” means violence committed by a person:

(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and

(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:

(i) length of the relationship;

(ii) the type of the relationship; and

(iii) the frequency of interaction between the persons involved in the relationship.

●          Missouri law does not specifically define dating violence, but conduct of this nature is covered by Missouri’s definitions of domestic violence and domestic assault.

3.           Stalking

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

●         Missouri’s definition of stalking can be found at Mo. Rev. Stat. § 455.010 and § 565.225.

G.           Reservation of Right to Address Conduct of a Sexual Nature that Does Not Rise to the Level of Sexual

Misconduct

Notwithstanding the aforementioned definitions, the College reserves the right to resolve, investigate, and/or take disciplinary action against any improper conduct of a sexual nature even though such conduct is not of the type, severity, or pervasiveness that constitutes Sexual Misconduct under this policy.

H.          Retaliation

1. Definition of Retaliation

Retaliation consists of materially adverse action taken against a person because the person made a good faith report of sexual misconduct or participated in the investigation of a report of sexual misconduct, such as by serving as a witness or support person.

2. Examples of Retaliation

Specific examples of retaliation include:

  Terminating a person’s employment, demoting them, denying them a promotion, reducing their pay, or

“writing them up” because they made a report of sexual misconduct.

  Sending threatening text messages or social media messages to someone because they made a report of sexual misconduct or gave a statement as a witness.

  Causing physical damage to a person’s personal belongings because they made a report of sexual misconduct or gave a statement as a witness.

  Suspending a person from an activity or limiting their involvement because they made a report of sexual misconduct.

  Publishing knowingly false information about a person because they made a report of sexual misconduct.

3. Good Faith Reports

The College encourages the good faith reporting of sexual misconduct. However, the College will not allow this policy or the Complaint Resolution Procedures to be abused for improper means. Therefore, if the College’s investigation reveals that a complaint was knowingly false, the complaint will be dismissed and the person who filed the knowingly false complaint may be subject to discipline. Such disciplinary action will not constitute prohibited retaliation. A person makes a bad faith report of sexual misconduct if, at the time they make the report, they know the report is false or frivolous.

Further, the College may take disciplinary action against any person who knowingly provides false information during the investigation and resolution of a complaint of sexual misconduct and such disciplinary action will not constitute prohibited retaliation.

V.           ROLES AND RESPONSIBILITIES

A.           Title IX Coordinator and Deputy Title IX Coordinator

It is the responsibility of the Title IX Coordinator to coordinate dissemination of information and education and training programs to: (1) receive all Title IX complaints at the College; (2) coordinate dissemination of information and education and training programs; (3) identify and address any patterns or systemic problems that arise during the review of such complaints; (4) assist members of the College community in understanding that Sexual Misconduct is prohibited by this policy; (5) answer questions about this policy; (6) appoint investigators and ensure that investigators are trained to respond to and investigate complaints of Sexual Misconduct; (7) ensure that employees and students are aware of the procedures for reporting and addressing complaints of Sexual Misconduct; and (8) to implement the Title IX Complaint Resolution  Procedures  or  to  designate  appropriate  persons  for  implementing  the  Title  IX  Complaint  Resolution Procedures. The Deputy Title IX Coordinator will assist in executing these responsibilities.

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 and Deputy 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.           All Employees

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

D.           Students

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

E.           The College

When the College is aware that a member of the College Community may have been subjected to or affected by conduct that constitutes Sex Discrimination, the College will take prompt action and review the matter. If necessary, an investigation  and  appropriate  steps  to  stop  and  remedy  the  prohibited  conduct  will  occur.  The  College  will  act  in accordance with its Title IX Complaint Resolution Procedures, described below.

VI.          COMPLAINTS

A.           Making a Complaint

1.           Employees

All  College  faculty  and  employees  have  a  duty  to  report  sexual misconduct  to  the  Title  IX  Coordinator  or  the President when they receive a report of such conduct or witness such conduct. This includes employees who may have a professional license requiring confidentiality if they are not employed by the College in that professional role. An employee not reporting Sexual Misconduct as required by this policy may be disciplined accordingly, up to and including termination.

This section does not apply to the employees who may maintain confidentiality as described in Section VI.A.3.of this policy.

College faculty and employees are also encouraged to file a complaint of sexual misconduct when they are the

victim of such conduct.

2.           Students and Non-Employee Members of the College Community

Students and non-employees who believe they or another member of the College Community may have been subjected to conduct that constitutes prohibited Sexual Misconduct are encouraged to file a complaint with the Title IX Coordinator, Deputy Title IX Coordinator, or President. Students and other persons may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III above.

Students should be aware that all employees at the College, except those designated in Section VI.A.3., have an obligation to report sexual misconduct that they become aware of or witness to the Title IX Coordinator, Deputy Title IX Coordinator, or President for review and investigation, and they may not keep such information confidential.

3.           Confidential Resources

If a victim desires to talk confidentially about his or her situation, the Provost is available. The Provost is available to  assist  you  and  will  not  report  your  circumstances  to  the  College  for  investigation  without  your  permission,  unless otherwise required by law (such as when the victim is a minor). Notwithstanding, a non-identifying report may be made to the Title IX Coordinator so that the College can identify any patterns of Sexual Misconduct on campus and, if the conduct is a crime, it can be included in the College’s annual crime statistics disclosure.

4.           Content of the Complaint

So that the College has sufficient information to investigate a complaint, the complaint should include: (1) the date(s)  and  time(s)  of  the  alleged  Sexual  Misconduct;  (2)  the  names  of  all  person(s)  involved  in  the  alleged  Sexual Misconduct,  including possible witnesses;  (3) all details outlining what happened;  and (4) contact  information for the complainant so that the College may follow up appropriately.

5.           Information Provided to Complainant and Respondent

A complainant who makes a claim of Sexual Misconduct to the College will be given a copy of the document titled “Explanation of Rights and Options After Filing a Complaint Under the Title IX: Non-Discrimination and Harassment Policy.” This document provides information about this policy and the Complaint Resolution Procedures used to investigate and resolve complaints of Sexual Misconduct, options for filing complaints with the local police, resources that are available on campus and in the community, etc. A person against whom a complaint has been filed will also be given information about the process.

6.           Conduct that Constitutes a Crime

In addition to making a report under this policy, the College encourages any person who believes he or she is the victim of a crime—including sexual violence, domestic violence, dating violence, or stalking—to make a report to local law enforcement.  If  requested,  the  College  will  assist  the  complainant  in  notifying  the  appropriate  law  enforcement authorities. In the event of an emergency, please contact 911. A victim may decline to notify such authorities.

If a person believes he or she is in imminent danger, the person should dial 511 if on campus or 911 if off campus. Unless there is a health or safety emergency, articulable threat to members of the College Community, or a state law requiring reporting (such as in the case of child abuse) the College will not contact law enforcement without the alleged victim’s permission.

7.           Special Advice for Individuals Making Complaints of Sexual Violence, Domestic Violence, Dating

Violence, or Stalking

If you are the victim of Sexual Violence, Domestic Violence, or Dating Violence, 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 violence, domestic violence, or dating violence, the College 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.

  Contact local police by calling 911 if the incident occurred off campus.

  Get medical attention - all medical injuries are not immediately apparent. This is also necessary to collect evidence  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 the College Counselor who will help explain options, give information, and provide emotional support.

  Make a report to the Title IX Coordinator or a Deputy Coordinator.

  Explore this policy and avenues for resolution under the Complaint Resolution Procedures.

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

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

●         contacting parents or a relative

●         seeking legal advice

●         seeking personal counseling (always recommended)

●         pursuing legal action against the perpetrator

●         pursuing disciplinary action

●         requesting that no further action be taken

8.           Vendors, Contractors, and Third-Parties

This policy applies to the conduct of vendors, contractors, and third parties. Persons who believe they have been discriminated against or harassed in violation of this policy should make a complaint in the manner set forth in this section.

9.           Retaliation

It is a violation of this policy to retaliate against any member of the College Community who reports or assists in making a complaint of Sexual Misconduct or who participates in the investigation of a complaint in any way. Persons who believe they have been retaliated against in violation of this policy should make a complaint in the manner set forth in this section.

10.         Interim Measures

Pending final outcome of an investigation in accordance with the Title IX Complaint Resolution Procedures, the

College will take steps to protect the parties involved from further Sexual Misconduct or retaliation. This may include

assisting and allowing the complainant to change his or her academic, transportation, or work situation, to the extent the College  controls  these  environments,  if  options  to  do  so  are  reasonably  available.  Such  changes  may  be  available regardless of whether the individual chooses to report the crime to campus police or local law enforcement. Requests of this nature should be made to the Title IX Coordinator or Deputy Title IX Coordinator. In the event such an accommodation is provided, the College will maintain it as confidential to the extent that maintaining such confidentiality would not impair the College’s ability to provide it.

If  a  complainant  has  obtained  a  temporary  restraining  order  or  other  no  contact  order  against  the  alleged perpetrator  from  a  criminal,  civil,  or  tribal  court,  the  complainant  should  provide  such  information  to  the  Title  IX Coordinator. The College will take all reasonable and legal action to implement the order. Information about obtaining protection orders in Missouri can be found at: http://www.courts.mo.gov/file.jsp?id=69655.

B.           Timing of Complaints

The  College  encourages  persons  to  make  complaints  of  Sexual  Misconduct  as  soon  as  possible  because  late reporting may limit the College’s ability to investigate and respond to the conduct complained of.

C.           Investigation and Confidentiality

All complaints of Sexual Misconduct will be promptly and thoroughly investigated in accordance with the Title IX Complaint  Resolution  Procedures,  and  the  College  will  take  disciplinary  and  remedial  action  where  appropriate.  The College will make reasonable and appropriate efforts to preserve an individual’s privacy and protect the confidentiality of information when investigating and resolving a complaint. However, because of laws relating to reporting and other state and  federal  laws,  the  College  cannot  guarantee  confidentiality  to  those  who  make  complaints.  In  the  event  that  the complainant’s confidentiality cannot be ensured, the College will notify the complainant.

In the event a complainant requests confidentiality or asks that a complaint not be investigated, the College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request  not  to  pursue  an  investigation.  If  a  complainant  insists  that  his  or  her  name  not  be  disclosed  to  the  alleged perpetrator, the College’s ability to respond may be limited. The College reserves the right to initiate and proceed with an investigation despite a complainant’s request for confidentiality in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community.

The Title IX Coordinator is the person responsible for evaluating requests for confidentiality.

D.           Resolution

If a complaint of Sexual Misconduct is found to be substantiated, the College will take appropriate corrective, disciplinary, and remedial action. Students, faculty, and employees found to be in violation of this policy will be subject to discipline up to and including written reprimand, suspension, probation, demotion, termination, or expulsion. Affiliates and program participants may be removed from College programs and/or prevented from returning to campus.

Remedial   steps   may   also   include   individual   counseling,   as   well   as   academic,   work,   or   transportation accommodations for the complainant, separation of the parties, and training for the respondent and other persons.

VII.        ACADEMIC FREEDOM

While the College is committed to the principles of free inquiry and free expression, conduct constituting Sexual

Misconduct is neither legally protected expression nor the proper exercise of academic freedom.

VIII.       EDUCATION

Because  the  College  recognizes  the  prevention  of  Sex  Discrimination,  Sexual  Harassment,  Sexual  Violence, Domestic Violence, Dating Violence, and Stalking is an important issue, it 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 items, 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.

IX.         REVIEW

This  policy  is  maintained by  the  College’s  Title  IX  Coordinator.  The  Title  IX  Coordinator will  review  this policy regularly, with the assistance of the College’s Title IX Committee. The review will capture evolving legal requirements, evaluate the supports and resources available to the parties, and assess the effectiveness of the Complaint Resolution Procedures. The review will incorporate an aggregate view of reports, resolution, and climate.

X.          DISTRIBUTION

This policy will be disseminated widely to the College Community through email communication, the College’s website, inclusion in orientation programs for new employees and new students, and through other appropriate channels of communication.

FREQUENTLY ASKED QUESTIONS

1.           What kinds of conduct constitute prohibited Sex Discrimination?

2.           What are some additional examples of Sexual Harassment?

3.           What should I do if I am a victim of Sexual Misconduct?

4.           What are some additional examples of Sexual Violence?

5.           What constitutes “consent” for purposes of Sexual Violence?

6.           What should I do if I am a victim of Sexual Violence, Domestic Violence, Dating Violence, or Stalking?

7.           Can I make a complaint of Sexual Violence against my boyfriend or girlfriend?

8.         What should I do if I am a victim of Sexual Misconduct committed by someone who is not a College student or employee?

9.           What should I do if I am a victim of Sexual Misconduct but the incident occurred off campus?

10.         Should I contact the College if I have already notified the police about Sexual Misconduct?

11.         What should I do if I observe Sexual Misconduct, but it is not directed at me?

12.         What is the role of the Title IX Coordinator and Deputy Title IX Coordinator?

13.         If I make a complaint of Sexual Misconduct, will it be treated confidentially?

14.         Who is typically involved in investigating a complaint of Sexual Misconduct?

15.         What are the possible outcomes of an investigation into a complaint?

16.         May I have a support person with me in the investigation process?

17.         What should I do if I am retaliated against for making a complaint of Sexual Misconduct?

18.         How does the College handle a bad faith allegation of Sexual Misconduct?

1.           What kinds of conduct constitute prohibited Sex Discrimination?

All discrimination on the basis of sex in the College’s programs and activities is prohibited under this policy. Sexual Harassment, defined as any unwelcome conduct of a sexual nature, is one way a person may discriminate against another due to his or her sex. The College has a duty under Title IX to take the steps outlined in this policy when conduct, like Sexual Harassment, denies or limits a person’s ability to participate in or benefit from the College’s programs and activities. In such circumstances, Sexual Harassment constitutes Sex Discrimination. The College encourages you to report any and all instances of Sexual Harassment, even if you are unsure whether the Sexual Harassment constitutes Sex Discrimination.

Sexual Violence is a particularly severe form of Sexual Harassment that includes physical sexual acts perpetrated against a person’s will or where a person is for some reason incapable of giving consent. Even a single instance of Sexual Violence/Assault can constitute Sex Discrimination under this policy and should always be reported.

For further descriptions and examples of Sexual Harassment, Sexual Violence, and Sex Discrimination, please see

Questions 2 and 4 below, as well as Section IV of the College’s Title IX: Non-Discrimination and Anti- Harassment Policy.

2.           What are some additional examples of Sexual Harassment?

Sexual  Harassment  is  any  unwelcome  conduct  of  a  sexual  nature.  Sexual  Harassment  constitutes  a  form  of prohibited Sex Discrimination when it denies or limits a person’s ability to participate in or benefit from the College’s programs  and  activities.  The  College’s  policies  protect  men  and  women  equally  from  Sexual  Harassment,  including harassment by members of the same sex. Staff, faculty, and students are protected from Sexual Harassment by any other staff, faculty, student, or contractor. Examples of kinds of conduct that constitute Sexual Harassment include, but are not limited to, the following:

●         Engaging in unwelcome sexual advances

●         Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin

●         Sending sexually explicit emails or text messages

●         Telling unwelcome, sexually-explicit jokes

●         Displaying sexually suggestive or lewd photographs, videos, or graffiti

●         Making unwelcome and unwanted physical contact, such as rubbing, touching, pinching, or patting

●         Making unwelcome and suggestive sounds, such as “cat calls” or whistling

●         Commenting on a person’s dress in a sexual manner

●         Making sexual gestures

●         Repeatedly asking someone for a date after the person has expressed disinterest

●          Giving unwelcome personal gifts such as flowers, chocolates, or lingerie that suggest the desire for a romantic relationship

●         Telling another person of one’s sexual fantasies, sexual preferences, or sexual activities

●         Commenting on a person’s body, gender, sexual relationships, or sexual activities

●         Using sexually explicit profanity

3.           What should I do if I am a victim of Sexual Misconduct?

The College encourages you to report Sexual Misconduct as soon as possible. Ignoring Sexual Misconduct does not make it go away, and delayed reporting may limit the College’s ability to investigate and remedy the Sexual Misconduct.

You may report Sexual Misconduct to the Title IX Coordinator, the Deputy Title IX Coordinator, or the President. If you are the victim of Sexual Misconduct that constitutes a crime, the College encourages you to also file a complaint with local law enforcement and to press charges. If requested, the College will assist you in filing a complaint with local law enforcement. You may decline to notify such authorities.

When you are being sexually harassed, you always have the option to directly confront the person that is

harassing you. Sometimes, individuals are not aware that their behavior is offensive and quickly apologize and change their behavior once it is brought to their attention. However, you are not required or expected to confront your harasser prior to filing a complaint.

4.           What are some additional examples of Sexual Violence?

Sexual  Violence  is  a  form  of  prohibited  Sexual  Harassment.  Sexual  Violence  includes  physical  sexual  acts perpetrated against a person’s will or where a person is incapable of giving consent due to use of drugs and/or alcohol or to an intellectual or other disability. Examples of kinds of conduct that constitute Sexual Violence include, but are not limited to, the following:

●          Sexual penetration (anal, vaginal, or oral) or touching of sexual organs that is committed by force, threat, intimidation, or otherwise without consent.

●          Having sexual intercourse with, or sexually touching, a person who is incapacitated because of drug or alcohol  use,  including  a  person  who  has  been  given  a  “date  rape  drug”  or  any  other  drug  causing incapacitating impairment.

●          Knowingly exposing another person, without their consent, to a sexually transmitted disease (such as HIV, chlamydia, gonorrhea, syphilis, or herpes) through sexual activity.

●         Hazing that involves penetrating a person’s vagina or anus with an object

●          Exceeding  the  scope  of  consent  (e.g.,  having  vaginal  or  anal  sex  with  a  person  when  they  have  only consented to oral sex) Secretly videotaping or photographing sexual activity where the other party has not consented

●         Prostituting another person

5.           What constitutes “consent” for purposes of Sexual Violence?

Consent is defined as conduct that a reasonable person would understand to indicate agreement to the sexual conduct at issue. Under this Policy, must be informed, freely given, and mutually understood. Consent is not passive. Lack of consent is a critical factor in determining whether Sexual Violence has occurred. Consent is informed, freely given, and mutually understood.

●          If coercion, intimidation, threats, and/or physical force are used, there is no consent. Coercion is direct or implied threat of danger, hardship, or retribution sufficient to persuade a reasonable person to engage in sexual activity in which they otherwise would not engage or to which they otherwise would not submit. Coercion is different from seductive behavior based on the type of pressure someone uses to get another to  engage  in  sexual  activity.  A  person’s  words  or  conduct  cannot  amount  to  coercion  unless  they wrongfully impair the other’s free will and ability to choose whether or not to engage in sexual activity. Coercion can include unreasonable and sustained pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive; once a person has made it clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, you should be absolutely clear that they have changed their mind and are consenting before proceeding in sexual activity with them.

●          If  a  person  is  mentally  or  physically  incapacitated  by  alcohol  or  drugs  such  that  the  person  cannot understand the fact, nature, or extent of the sexual situation, there is no consent.

o          Warning signs of when a person may be incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent include slurred speech, vomiting, tripping or inability to walk, confusion indicating an unreasonable inability to understand information.

●         If a person is asleep or unconscious, there is no consent.

●         If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent.

●         Consent to one form of sexual activity does not imply consent to other forms of sexual activity.

●         Consent to past sexual activity does not imply consent to other forms of sexual activity

●          Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another.

●          Consent can be withdrawn by verbal or physical conduct that a reasonable person would understand to indicate a desire to stop or not engage in the sexual conduct at issue.

●          While consent can be withdrawn, a withdrawal of consent operates going-forward. It does not change the consensual nature of sexual activity that has already occurred.

●         Being in a romantic relationship with someone does not imply consent to any form of sexual activity.

●          Consent can be withdrawn. 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.

●          Effective consent may not exist when there is a disparity in power between the parties (e.g., faculty/student, supervisor/employee).

6.           What should I do if I am a victim of Sexual Violence, Domestic Violence, Dating Violence, or Stalking?

If you are the victim of Sexual Violence, Domestic Violence, Dating Violence, or Stalking, do not blame yourself. These crimes are never the victim’s fault. Please contact the Title IX Coordinator or Deputy Title IX Coordinator as soon as possible for information on options and resources available to you. You may also wish to call local law enforcement (911 if an emergency), or the National Sexual Assault Hotline at 1-800-656-HOPE.

If you are the victim of Sexual Violence, Domestic Violence, or Dating Violence, 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. Victims of Sexual Violence, Domestic Violence, or Dating Violence should not bathe, urinate, douche, brush teeth, or drink liquids until after they are examined and, if necessary, a rape examination is completed. Clothes should not be changed. When necessary, seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination.

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

7.           Can I make a complaint of Sexual Violence against my boyfriend or girlfriend?

Anyone can commit Sexual Violence, even if you and that person are in a romantic relationship. The critical factor is  consent.  If  your  boyfriend  or  girlfriend  perpetrates  a  sexual  act  against  you  without  your  consent,  such  conduct constitutes Sexual Violence, and you may make a complaint. This type of conduct and other types of conduct perpetrated by your boyfriend or girlfriend may also be classified as Domestic Violence or Dating Violence.

8.         What should I do if I am the victim of Sexual Misconduct committed by someone who is not a College student or employee?

The College’s policies protect you from Sexual Misconduct by vendors, contractors, and other third parties that you encounter in your College learning and employment environment. If you believe that you have been a victim of Sexual Misconduct, you should report it just as if it were committed by a College student or employee.

9.           What should I do if I am a victim of Sexual Misconduct but the incident occurred off campus?

It is possible for off-campus conduct between College employees or students to contribute to a hostile working or academic environment or otherwise violate the College’s policies. You may make a complaint of Sexual Misconduct even if the conduct occurs off-campus.

10.         Should I contact the College if I have already notified the police about Sexual Misconduct?

Calling the local police or filing a police report is not the same as filing a Sexual Misconduct complaint with the College. You should not assume that local law enforcement will forward your complaint to the College. As such, anyone who reports Sexual Misconduct to local police is also encouraged to report the matter to the College’s Title IX Coordinator or Deputy Title IX Coordinator so that the College can begin to investigate the issue as quickly as possible.

11.         What should I do if I observe Sexual Misconduct, but it is not directed at me?

Anyone who witnesses conduct that constitutes Sexual Misconduct, even it is directed at someone else, can still feel uncomfortable and harassed. If you are a student and witness conduct that you believe constitutes Sexual Misconduct please make a complaint in the same manner as if the conduct was directed against you. If you are an employee or staff member of the College, it is your duty to report conduct that constitutes Sexual Misconduct of any kind.

12.         What is the role of the Title IX Coordinator and Deputy Title IX Coordinator?

The Title IX Coordinator oversees the College’s compliance with Title IX and receives inquiries regarding Title IX, including complaints of Sexual Misconduct. The Title IX Coordinator has received special training on the College’s policies and  procedures  pertaining  to  Sexual  Misconduct,  and  is  available  to  answer  questions  about  those  policies  and procedures, respond to complaints, and assist you in identifying other resources to aid in your situation. The Deputy Title IX Coordinator assists the Title IX Coordinator with these duties.

13.         If I make a complaint of Sexual Misconduct, will it be treated confidentially?

The  College  will  take  reasonable  and  appropriate  steps  to  preserve  the  confidentiality  of  the  parties  to  the complaint and to protect the confidentiality of information gathered during the investigation. However, the College has an  obligation  to  provide  a  safe  and  non-discriminatory  environment  for  all  students  and  employees.  Therefore,  no unconditional promises of confidentiality can be provided. If your confidentiality cannot be guaranteed, the College will notify you.

14.         Who is typically involved in investigating a complaint of Sexual Misconduct?

The  College’s  Title  IX  Coordinator  or  his/her  designee  will  be  involved  in  investigating  complaints  of  Sexual Misconduct. The Title  IX  Coordinator may  appoint  the  Deputy  Title  IX  Coordinator or  another member of the staff to investigate and resolve the complaint. The process of gathering evidence will necessarily require the involvement of the complainant, the respondent, and any witnesses to the incident that gave rise to the complaint. In sum, it will involve those persons necessary to fairly and completely investigate the complaint and resolve it.

15.         What are the possible outcomes of an investigation into a complaint?

The outcome will be determined based on the totality of the evidence using a preponderance of the evidence standard. If the preponderance of the evidence does not support a finding that the incident occurred, then the complaint is  resolved  in  favor  of  the  accused.  If,  however,  the  preponderance  of  the  evidence  supports  a  finding  that  Sexual Misconduct occurred, the actions taken by the College will include those necessary to maintain an environment free from discrimination and to protect the safety and well-being of the complainant and other members of the College Community. In addition, the College may, in its discretion, take action if the preponderance of evidence supports that improper conduct of a sexual nature has occurred, even if such conduct does not rise to the level of Sexual Misconduct under this policy. The College’s actions will include reasonable steps to correct the effects of such conduct on the complainant and others and to prevent the recurrence of discrimination and retaliation. Examples of such action include: no-contact orders, classroom reassignment, the provision of counseling or other support services, training, and discipline for the perpetrator, including up to termination, expulsion, or other appropriate institutional sanctions.

16.         May I have a support person with me in the investigation process?

At each stage of the Complaint Resolution Procedures (interviews, meetings, hearings, etc.), the complainant and

respondent  may  be  accompanied  by  a  support  person  of  their  choice.  In  cases  involving  multiple  complainants  or respondents, the support person/advisor cannot be another complainant or respondent. The support person/advisor may provide support and private counsel to the party. However, the support person does not serve as an advocate on behalf of

the complainant or respondent, may not be actively involved in any proceedings, and must agree to maintain the confidentiality of the process.

The College reserves the right to remove or dismiss a support/person advisor who fails to follow this policy and applicable provisions of the Complaint Resolution Procedures, in which case the party will be allowed to select a different support person.

17.         What should I do if I am retaliated against for making a complaint of Sexual Misconduct?

The College’s Title IX Policy prohibits retaliation against any person for making a good faith complaint of Sexual Misconduct, and/or cooperating in the investigation of (including testifying as a witness to) such a complaint. Retaliation is a serious violation that can subject the offender to sanctions independent of the merits of the underlying allegation of Sexual Misconduct. If you feel you are the victim of retaliation in violation of this policy, you should report the retaliation just as you would a complaint of Sexual Misconduct.

18.         How does the College handle a bad faith allegation of Sexual Misconduct?

A bad faith allegation of Sexual Misconduct occurs when the accuser intentionally reports information or incidents that he or she knows to be untrue. Failure to prove a complaint of Sexual Misconduct is not equivalent to a bad faith allegation.  The  College  may  impose  sanctions  against  an  individual  who  knowingly  makes  false  allegations  of  Sexual Misconduct.

TITLE IX: COMPLAINT RESOLUTION PROCEDURES

I.            GENERAL PRINCIPLES

A.           Applicability

These Complaint Resolution Procedures apply to the resolution of all reports under the Sexual Misconduct Policy. They apply to the resolution of complaints against students, faculty, administrators, staff, and third parties, and they are the exclusive means of resolving complaints of sexual misconduct. Under the Complaint Resolution Procedures, the party making  a  complaint  is  referred  to  as  the  “complainant”  and  the  person  accused  of  misconduct  is  referred  to  as  the “respondent.”

B.           Administration

For purposes of these complaint resolution procedures, “Investigating Officer” means the Title IX Coordinator or his/her  designee.  The  Investigating  Officer  shall  have  responsibility  for  administering  these  complaint  resolution procedures.  The  Investigating  Officer  may  consult  with  other  College  administrators  and  counsel  as  needed.  The Investigating Officer may be a third-party investigator or attorney retained for that purpose by the College.

C.           Promptness, Fairness and Impartiality

These procedures provide for prompt, fair, and impartial investigations and resolutions. The Investigating Officer shall discharge his or her obligations under these complaint resolution procedures fairly and impartially. If the Investigating Officer  determines  that  he  or  she  cannot  apply  these  procedures  fairly  and  impartially  because  of  the  identity  of  a complainant,  respondent, or witness, or due  to  any  other conflict of  interest,  the Title  IX Coordinator shall  designate another appropriate individual to administer these procedures.

D.           Training

These  procedures  will  be  implemented  by  officials  who  receive  annual  training  on  the  issues  related  to  Sex Discrimination, Sexual Harassment, Sexual Violence/Assault, Domestic Violence, Dating Violence, and Stalking and on how to conduct an investigation process that protects the safety of victims and promotes accountability.

E.           Participation in Investigations

All members of the College Community are encouraged and expected to fully cooperate with any investigation and resolution under these Complaint Resolution Procedures. College faculty and employees who fail to cooperate and/or participate will face discipline, up to and including termination. In the event an alleged victim refuses to participate under these Complaint Resolution Procedures, the College may proceed as a complainant under the circumstances specified in Section VI.C of the Sexual Harassment Policy. In the event a respondent refuses to participate, the Complaint Resolution Procedures will be completed despite the Respondent’s lack of participation and may result in a finding of misconduct in absentia.

II.           INVESTIGATION AND RESOLUTION OF THE COMPLAINT

A.           Commencement of the Investigation

Once a complaint is made, the Investigating Officer will commence an investigation of it as soon as practicable, but not later than seven (7) days after the complaint is made. The purpose of the investigation is to determine whether it is more likely than not that the alleged behavior occurred and, if so, whether it constitutes Sexual Misconduct. During the course  of  the  investigation,  the  Investigating  Officer  may  receive  counsel  from  College  administrators,  the  College’s attorneys or other parties as needed.

In certain narrow circumstances, the Investigating Officer may commence an investigation even if the complainant

requests that the matter not be pursued. In such a circumstance, the Investigating Officer will take all reasonable steps to investigate and respond to the matter in a manner that is informed by the complainant’s articulated concerns.

B.           Notification of the Respondent and Selection of Resolution Process

Once  a  complaint  is  received  by  the  Investigating  Officer,  the  Investigating  Officer  will  promptly  notify  the respondent and provide the respondent with the opportunity to review a copy of the written complaint. This notice will include the identities of the parties involved, the specific section of the code of conduct allegedly violated, the precise conduct allegedly constituting the potential violation, and the date and location of the alleged incident.

The Investigating Officer will then communicate with each party, separately, to discuss the pertinent avenues for resolution as set forth below. Considering the parties’ wishes and other circumstances, the Investigating Officer will then determine whether the complaint will be resolved through informal or formal process. The Investigating Officer will then notify the parties of the process to be used.

C.           Content of the Investigation

During the investigation, the complainant will have the opportunity to describe his or her allegations and present supporting  witnesses  or  other  evidence.  The  respondent  will  have  the opportunity  to  respond  to  the  allegations  and present supporting witnesses or other evidence.

Formal rules of evidence  do  not  apply  in any of the formal resolution processes  specified below. Nonetheless, evidence that is irrelevant or whose prejudicial effect substantially outweighs its probative value may be excluded from consideration. A complainant’s irrelevant sexual history will be excluded from consideration.

The  Investigating  Officer  will  review  the  statements  and  evidence  presented  and  may,  depending  on  the circumstances, interview others with relevant knowledge, review documentary materials, and take any other appropriate action to gather and consider information relevant to the complaint. Throughout the investigation, parties will be granted an  opportunity  to  review  and  comment,  in  writing,  any  statements  or  evidence  provided  by  the  other  party  or  any information independently developed by the Investigating Officer.

All parties and witnesses involved in the investigation are expected to cooperate and provide complete and truthful information.

D.           Support Person

At each stage of the Complaint Resolution Procedures (interviews, meetings, hearings, etc.), the complainant and respondent  may  be  accompanied  by  a  support  person  of  their  choice.  In  cases  involving  multiple  complainants  or respondents, the support person/advisor cannot be another complainant or respondent. The support person/advisor may provide support and private counsel to the party. However, the support person does not serve as an advocate on behalf of  the  complainant  or respondent, may  not  be  actively  involved  in any  proceedings,  and  must  agree  to  maintain  the confidentiality of the process.

The College reserves the right to remove or dismiss a support/person advisor who fails to follow this policy and applicable provisions of the Complaint Resolution Procedures, in which case the party will be allowed to select a different support person.

E.           Interim Measures

At any time during the investigation, the Investigating Officer may determine that interim remedies or protections for the parties involved or witnesses are appropriate. These interim remedies may include separating the parties, placing limitations   on   contact   between   the   parties,   suspension,   or   making   alternative   class-placement   or   workplace arrangements.  Failure  to  comply  with  the  terms  of  these  interim  remedies  or  protections  may  constitute  a  separate

violation of this Title IX Policy.

F.           Pending Criminal Investigation

Some instances of Sexual Misconduct may also constitute criminal conduct. In such instances, the complainant is also encouraged to file a report with the appropriate law enforcement authorities and, if requested, the College will assist the  complainant  in  doing  so.  The  pendency  of  a  criminal  investigation,  however,  does  not  relieve  the  College  of  its responsibilities under Title IX. Therefore, to the extent doing so does not interfere with any criminal investigation, the College will proceed with its own investigation and resolution of the complaint.

G.           Resolution

At the conclusion of the investigation, the Investigating Officer will prepare a draft written report. The written report  will  explain  the  scope  of  the  investigation,  identify  findings  of  fact,  and  state  whether  any  allegations  in  the complaint were found to be substantiated by a preponderance of the evidence. Both parties will be provided with an opportunity to review the draft written report and allowed to respond to the written investigation report, in writing.

If the final written report determines that Sexual Misconduct occurred, the Investigating Officer shall set forth in an addendum to the written report those steps necessary to maintain an environment free from Sexual Misconduct and to protect the safety and well-being of the complainant and other members of the College Community. Such actions will also include reasonable steps to correct the effects of such conduct on the complainant and others and to prevent the recurrence  of  Sexual  Misconduct  and  retaliation.  Examples  of  such  action  include:  no-contact  orders,  classroom reassignment, the provision of counseling or other support services, training, and discipline for the perpetrator, including up to termination, expulsion, or other appropriate institutional sanctions.

The complainant and the respondent will receive written notice of the finding(s) in the final report within three (3) days of its completion, and provided with an opportunity to review the final report and any addendum. If necessary, the version of the addendum provided to the complainant and/or respondent will be redacted to ensure that information concerning  any  remedial  and/or  disciplinary  measures  is  disclosed  in  a  manner  consistent  with  Title  IX,  the  Family Educational Rights and Privacy Act (“FERPA”), and the Clery Act.

The written report of the Investigating Officer shall be final subject only to the right of appeal set forth in Section IV below. An explanation of the appeal procedures will be included in the notification of the outcome that is provided to the parties.

H.           Special Procedure Concerning Complaints Against the President

If  a  complaint  involves  alleged  conduct  on  the  part  of  the  College  President,  the  College  Board  of  Directors (“Board”) will designate the Investigating Officer. Based on the information gathered by the investigation, the Board will prepare and issue the written report determining the complaint. The determination of the Board is final and not subject to appeal.

I.            Informal Resolution

Informal means of resolution, such as mediation, may be used in lieu of the formal investigation and determination procedure. The following standards apply to any informal resolution method that is utilized:

●          The informal process can only be used with both parties’ voluntary cooperation and appropriate involvement by the institution (e.g., the Title IX Coordinator, Deputy Title IX Coordinator, or other appropriate administrator).

●         The complainant will not be required to “work out” the problem directly with the respondent

●          Either party may terminate the informal process at any time and elevate the complaint to the formal investigation procedures

●          Informal resolution in the form of mediation, even on a voluntary basis, will not be used to resolve complaints alleging sexual assault

J.            Timing of the Investigation

The College will endeavor to conclude its investigation and resolution of the complaint within sixty (60) calendar days of receiving it. Both the complainant and the respondent will be given periodic updates regarding the status of the investigation. If either the complainant or respondent needs additional time to prepare or to gather their witnesses or information, they shall notify the Investigating Officer in writing explaining how much additional time is needed and why it is needed. The Investigating Officer shall respond to any such request within three (3) days.

Some instances of sexual misconduct may also constitute criminal conduct. In the case where alleged criminal conduct has also been reported to law enforcement, the College may temporarily delay its investigation of the complaint where necessary to avoid interfering with law enforcement. However, the pendency of a criminal investigation does not serve as a substitute for these procedures and the investigation and resolution process will commence promptly once interference  is no  longer a concern. In addition, because  the standard of proof that applies  in these  procedures (i.e., preponderance of the evidence) is different than the standard necessary for a criminal conviction (i.e., proof beyond a reasonable doubt), the College’s determination will not be held in abeyance due to the pendency of a criminal trial.

III.          RIGHTS OF THE PARTIES

During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights. include They

:

●         Equal opportunity to identify and have considered witnesses and other relevant evidence

●         Similar and timely access to all information considered by the Investigating Officer

●         Equal opportunity to review any statements or evidence provided by the other party

●         Equal access to review and comment upon any information independently developed by the

Investigating Officer

IV.          APPEALS

If a complaint involves alleged conduct on the part of the College’s President, the College’s Board of Directors will designate the Investigating Officer. Based on the information gathered by the investigation, the Board of Directors will prepare and issue the written report determining the complaint. The determination of the Board of Directors is final and not subject to appeal.

If a complaint involves alleged conduct on the part of the Title IX Coordinator or any administrator ranked higher than the Title IX Coordinator, the College’s President will designate the Investigating Officer. Based on the information gathered by the investigation, the President will prepare and issue the written report determining the complaint. The determination of the President is final and not subject to appeal.

A.           Grounds of Appeal

The complainant or respondent may appeal the determination of a complaint only on the following grounds:

●          There is a substantial likelihood that newly discovered information, not available at the time evidence was presented to the Investigating Officer, would result in a different decision

●         There was a procedural error significant enough to call the outcome into question

●         There was a clear error in factual findings

●         Bias or prejudice on the part of the Investigating Officer, or

●         The punishment or the corrective action imposed is disproportionate to the offense

B.           Method of Appeal

Appeals must be filed with the President within ten (10) days of receipt of the written report determining the outcome of the complaint. If neither party files an appeal, both parties will be notified in writing the timeline for filing an appeal has passed and the complaint has been deemed resolved.

If an appeal is filed, the appeal must be in writing and contain the following:

●         Name of the complainant

●         Name of the respondent

●         A statement of the determination of the complaint, including corrective action if any

●          A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it, and

●         Requested action, if any.

The appellant may request a meeting with the President, but the decision to grant a meeting is within the

President’s discretion. However, if a meeting is granted, then the other party will be granted a similar opportunity.

V.           RESOLUTION OF THE APPEAL

The President will resolve the appeal within fifteen (15) days of receiving it and may take any and all actions that he/she determines to be in the interest of a fair and just decision, including [INSERT HERE]. . The decision of the President is final. The President shall issue a short and plain written statement of the resolution of the appeal, including any changes made  to  the  Investigating  Officer’s  previous  written  determination  or  the  corrective  measures  imposed.  The  written statement shall be provided to the complainant, respondent, and the Title IX Coordinator within three (3) days  of the resolution.

VI.          DOCUMENTATION

Throughout  all  stages  of  the  investigation,  resolution,  and  appeal,  the  Investigating  Officer,  the  Title  IX Coordinator, and the President are responsible for maintaining documentation regarding the investigation and appeal, including documentation of all proceedings conducted under these complaint resolution procedures, which may include written findings of fact, transcripts, and audio recordings.

VII.        INTERSECTION WITH OTHER PROCEDURES

These complaint resolution procedures are the exclusive means of resolving complaints alleging violations of the Title  IX:  Non-Discrimination  and  Anti-Harassment  Policy.  To  the  extent  there  are  any  inconsistencies  between  these complaint  resolution  procedures  and  other  College  grievance,  complaint,  or  discipline  procedures,  these  complaint resolution procedures will control the resolution of complaints alleging violations of the Title IX: Non-Discrimination and Anti- Harassment Policy.

Nothing in the College’s Title IX Complaint Procedures, Title IX Sexual Harassment Policy, or associated materials should be interpreted so as to limit the College’s right to resolve, investigate, and/or take disciplinary action against any improper conduct of a sexual nature even though such conduct is not of the type, severity or pervasiveness that constitutes Sexual Misconduct as defined in the Title IX Policy.

PURPOSE:

To  ensure  Saint  Luke’s  College  of  Health  Sciences’  students,  faculty,  staff  and  visitors  to  the  College

understand  through clear  signage and communication that  the  College prohibits the possession of firearms and other weapons on its premises for any reason and to emphasize reporting obligations and campus safety.

POLICY:

Possession of firearms, explosives, other weapons and dangerous chemicals by any person is strictly prohibited on the Saint Luke’s College of Health Sciences’ premises. This prohibition includes concealed firearms and other concealed weapons, regardless of whether an individual has obtained a concealed carry permit (Mo. Ann. Stat. §

571.107(10).  The only exception to this prohibition is on-duty federal, state and local law enforcement officers,

and Saint Luke’s Hospital Security may possess weapons which they are required to carry in the performance of their duties.

This policy applies to College faculty, staff, students, visitors, independent vendors and contractors, and all persons entering the College for any reason.

The intent of this policy is to prohibit the possession of firearms and other weapons on College premises to the maximum extent permitted by federal, state, and local laws and regulations.

Failure  to  comply  with this policy  will result  in  disciplinary  action by  the  College,  up to  and including dismissal  (students)  or  termination  (employees).  Failure  to  comply  with  this  policy  may  also  result  in arrest or criminal prosecution.

DEFINITIONS:

“College Premises” include all College facilities, including all buildings and parking lots owned, leased, or

managed by the College.

“Firearms and other weapons” include any form of weapon or explosive restricted under local, state or federal regulation. This includes all firearms, illegal knives or other weapons covered by the law.

“College employee” includes any member of the College faculty and any staff member employed by the

College.

PROCEDURES:

Signage.  The  College  shall  maintain  and  post  signs  prohibiting  concealed  weapons  on  or  about  the College  premises  in accordance with  the applicable  state  law,  including signage  at  the College’s main entrance. The signs clearly shall state that individuals are prohibited from carrying weapons on College premises and shall include the universal ‘no guns’ symbol

Possession

•    Any College student who possesses or conceals a weapon on their person on College premises will be asked to remove the weapon from the premises immediately or to surrender the weapon to law enforcement. Any student who possesses or conceals a weapon on College premises shall be  subject  to  disciplinary  action,  including  immediate  dismissal  and  may  be  subject  to  other legal action.

•    Any College employee who possesses or conceals a weapon on their person on College premises shall  be  asked  to  remove  the  weapon  from the  premises  immediately  or  to  surrender  the weapon  to  law  enforcement.  The  employee  shall  be  subject  to  disciplinary  action,  including immediate termination and may be subject to legal action.

•    The College has the authority to restrict access to its buildings or to request any visitor to leave if said visitor possesses a weapon or if there is reasonable suspicion by a College employee or student  of  the  presence  of  a  concealed  weapon on the  visitor.  Refusal to  leave  the  premises willingly  will  result  in the  notification  to  local  law  enforcement  agents  requesting  removal  of said person. Further legal action may be pursued.

Searches.  The  College  reserves  the  right  to  conduct  searches  of  any  person  that  enters  the  College’s premises.  This search  may extend to objects  under that person’s control, including lockers, desks, purses, backpacks, toolboxes, lunch sacks, clothing or other items carried into the College.

Reporting   Obligation.   If   any   College   employee   or   student   believes   that   another   person   (visitor, employee,   and   student)   possesses   a   weapon   on   the   premises,   the   employee   or   student   must immediately  report  this  belief  to  his  or  her  supervisor  (employees),  or  to  the  Dean  of  Students (students). In urgent situations, local law enforcement should be contacted immediately.

At the time of reporting, individuals should provide:

•     The basis for their belief

•     A description of the individual (physical features, clothing, name, etc.)

•     The location of the individual believed to be carrying a weapon.

If  any  College  employee  or  student  is  uncertain  about  whether  to  make  a  report,  the  College  urges employees  and  students  to  decide  in  favor  of  making  a  good  faith  report  so  that  the  College  may appropriately investigate.

Any individual who knows that a weapon is present on College premises and knowingly fails to report it will be subject to disciplinary action.

Safety. No College employee or student should take any action that may compromise the safety of that person or other individuals. Individuals should not confront individuals believed to be carrying weapons and should refrain from conducting further investigation.   Upon learning of an individual carrying a weapon, immediately notify College officials and in urgent situations, local law enforcement should be contacted immediately.

After a report is made, trained law enforcement officials and/or security personnel will promptly investigate and take appropriate action.

Issued By: Compliance Standing Committee 10/22/2015 Reviewed by Legal 11/1/2016

Effective Date: 11/11/2015

Cabinet 11/1/2016

Board Approval Date: 11/11/2015   Review Date: 11/11/2019  Pages 2