Rockhurst University Annual Clery Act Security Report 2020 and Annual Fire Report 2020
Mission of Rockhurst University
Rockhurst is a comprehensive university and a supportive community that forms lifelong learners in the Catholic, Jesuit, liberal arts tradition who engage with the complexities of our world and serve others as compassionate, thoughtful leaders.
Vision Statement
To create a more just world through inclusive, innovative, and transformative education.
Message from the Chief of Safety and Security
Thank you for taking the time to review Rockhurst University’s Annual Security Report. This report reflects our continued commitment to keep you informed of the Department of Safety and Security and University initiatives designed to provide you with necessary information regarding the various University resources available to assist with your safety.
The Department of Safety and Security is committed to serving our students, faculty, staff, and community members with ethics-based public safety that fosters partnerships and mutual trust embodied in our Department’s core values: Service, Integrity, Inclusion, Professionalism, Respect, and Accountability.
The Department’s training and daily operations are strategically aligned with the University’s Mission and Core Values. Rockhurst faculty, students, and staff have a strong tradition of Cura Personalis and working closely with the Department of Safety and Security. This diverse and inclusive collaboration fosters open communication between campus officers and the University community.
I want to take this opportunity to invite our community to participate in our crime prevention and security efforts at Rockhurst University. Being aware of your surroundings, taking reasonable precautions, looking out for each other, and reporting criminal and suspicious activity are essential parts of these efforts.
We welcome your input and value your concerns for making our community a safer place to live, study, and work.
As mandated, the information in this report includes crime statistics from the past three years, and information about safety resources and programming available to you, as well as the 2020 Annual Fire Safety Report.
The safety of our community is paramount. I look forward to serving our Hawk Family in the upcoming year as we continue our efforts to meet our state, city, and campus environments’ emerging challenges.
It is a privilege to provide protective services to the Rockhurst University Campus Community, and we thank you for partnering with your Department of Safety and Security.
Sincerely,
Chief Randy Hopkins
Department of Safety and Security
(816) 501-4659
Randy.Hopkins@rockhurst.edu
Rockhurst University Security Report
Rockhurst University
2020 Combined Annual Security Report & Fire Safety Report
Introduction
This report is provided in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended. It provides students and employees of Rockhurst University ("University") with information on: the University's security arrangements, policies and procedures; programs that provide education on such things as drug and alcohol abuse, awareness of various kinds of sex offenses, and the prevention of crime generally; and procedures the University will take to notify the campus community in the event of an emergency. Its purpose is to provide students and employees with information that will help them make informed decisions relating to their own safety and the safety of others.
Policy for Preparing the Annual Report
This report is prepared by the Chief of the Department of Safety and Security in cooperation with local law enforcement authorities and includes information provided by them as well as by the University's campus security authorities and various other elements of the University. Each year an e-mail notification is made to all enrolled students and employees that provide the website link to access this report. Prospective students and employees are also notified of the report's availability. Hard copies of the report may also be obtained at no cost by contacting 5401 Troost, Kansas City, Missouri 64110. The University is committed to taking the actions necessary to provide a safe and secure working/learning environment for all students and staff. As a member of the campus community, you can feel safe and comfortable knowing that security procedures are in place that represents best practices in the field and is continuously tested and re-evaluated for their effectiveness.
General Safety and Security Policies
Campus Security Personnel & Relationship with Local Law Enforcement
The Department of Safety and Security is responsible for campus safety at the University.
All Department of Safety and Security personnel are commissioned as private police officers in accordance with the authority vested in the Kansas City Board of Police Commissioners under section 84.720 RSMo., Title 17 CSR 10-2.010/020/030/040/050/055/060. All personnel have a Class A license and are designated as either a patrol agent or a private investigator. Selected personnel in Administration and Operations are qualified to carry firearms. All personnel, whether armed or unarmed, have the power of arrest as assigned by the administration of the Department of Safety and Security and the University. This authority is granted under Title 17 outlined above. The University Department of Safety and Security patrols an area that includes the surrounding neighborhood for a radius of one block in all directions.
All crimes occurring on campus, on non-campus property owned by the University or on nearby public property should be reported immediately to the Chief of Safety and Security. The number to contact is 816-501-4010.
The Department of Safety and Security Dispatch Communications Center is staffed 24 hours per day, 365 days per year.
While the University does not have any written agreements with local law enforcement agencies, it does maintain a close working relationship with local police.
Campus Security Authorities
The University has designated certain officials to serve as campus security authorities. Reports of criminal activity can be made to these officials. In turn, they will ensure that the crimes are reported for collection as part of the University's annual report of crime statistics. The campus security authorities to whom the University would prefer that crimes be reported are listed below.
- Associate Director of Residence Life
- Multicultural Education Coordinator Emily Kempf at 816-501-3571
- Resident Director Corcoran Jordan Tarango at 816-501-1100
- Athletic Director Gary Burns at 816-501-4854
- Director of Student Life Angie Carr at 816-501-4541
- Associate Provost for Student Success Mindy Pettegrew at 816-501-4689
- Associate Athletic Director Mike Koehler at 816-501-4331
- Assistant Director of Residence Life Grant Carlson at 816-501-4126
- Resident Director Xavier-Loyola Hall – Ian Whitsitt at 816-501-2107
- Assistant Athletic Director & Senior Woman Administrator Kathy Strecker at 816-501-4857
- Associate Vice President for Student Development Mark Hetzler at 816-501-4843
- Resident Director McGee Hall Brey Primous at 816-501-3100
- Area Coordinator Jordan Schwabauer at 816-501-4429
- Associate Dean of Students & Families Marcia Ladage at 816-936-8716
- Student Success Coach Ashley Halter at 816-501-4867
- Assistant Director of Residence Life Emma Rapp at 816-501-4398
- Director of Compliance and Risk Management Kimberly Brant Schmelzle at 816-501-4036
- Human Resources Director Barbara Upton Garvin at 816-501-4555
- Vice President & Dean of Students Dr. Matt Quick at 816-501-4030
- Chief of Department of Safety and Security Randy Hopkins at 816-501-4659
- Sergeant with the Department of Safety and Security Leonard Patterson at 816-501-3524
Reporting a Crime or Emergency
The University encourages accurate and prompt reporting of all criminal actions, emergencies, or other incidents occurring on campus, on other property owned by the University, or on nearby public property to the appropriate administrator and appropriate police agencies. Such a report is encouraged even when the victim of a crime elects not to make a report or is unable to do so.
- Situations that pose an imminent danger or while a crime is in progress should be reported to local law enforcement by calling 911 from any campus phone or cell phone. Keep in mind that the individual making the call from a cell phone will need to provide the address where the emergency has occurred.
- Students, employees, and visitors should report criminal actions, accidents, injuries, or other emergency incidents to the Rockhurst University Department of Safety and Security or one of the campus security authorities identified above. Once reported, the individual making the report will be encouraged to also report it to appropriate police agencies. If requested, a member of University staff will assist a student in making the report to the police.
- Students, employees, and visitors may also file a written report regarding non-emergency incidents through www.rockhurst.edu/reporting. These reports can be filed anonymously if desired. Students and employees also may file anonymous reports that are sent immediately to Security via the Campus Eye phone application.
Confidential Reporting
The University will protect the confidentiality of victims. Only those with a need to know the identity for purposes of investigating the crime, assisting the victim or disciplining the perpetrator will know the victim's identity.
Any victim of a crime who does not want to pursue action within the University disciplinary system or the criminal justice system is nevertheless encouraged to make a confidential report to a campus security authority. With the victim’s permission, a report of the details of the incident can be filed without revealing the victim’s identity. Such a confidential report complies with the victim’s wishes, but still helps the University take appropriate steps to ensure the future safety of the victim and others. With such information, the University can keep an accurate record of the number of incidents involving students, determine where a pattern of crime may be developing and alert the community as to any potential danger. These confidential reports are counted and disclosed in the annual crime statistics for the University.
As it relates to crimes that fall under the University’s Sexual Harassment Policy[1], the policy provides: The University will keep confidential the identity of any individual who has made a report or Formal Complaint of Sexual Harassment or Retaliation including any Complainant, the identity of any individual who has been reported to be a perpetrator of Sexual Harassment or Retaliation including any Respondent, and the identity of any witness. The University will also maintain the confidentiality of its various records generated in response to reports and Formal Complaints, including, but not limited to, information concerning Supportive Measures, notices, investigation materials, adjudication records, and appeal records. Notwithstanding the foregoing, the University may reveal the identity of any person or the contents of any record if permitted by FERPA, if necessary to carry out the University’s obligations under Title IX and its implementing regulations including the conduct of any investigation, adjudication, or appeal under this policy or any subsequent judicial proceeding, or as otherwise required by law. Further, notwithstanding the University’s general obligation to maintain confidentiality as specified in this policy, the parties to a report or Formal Complaint will be given access to investigation and adjudication materials as provided in this policy.
The University encourages its pastoral and professional counselors, if and when they deem it appropriate, to inform the person they are counseling to report crimes on a voluntary, confidential basis for inclusion in the annual report of crime statistics.
Security of and Access to Campus Facilities
Security of and access to Residence Halls, Townhouses (THV), and On-Campus Houses (OCH)
- CORCORAN HALL: Corcoran Hall consists of two wings connected by a common lobby. The building houses primarily new students and is staffed with a resident hall director (RD) and several assistants (RA). It is equipped with a Swipe Card Access System for access control on all main entry doors, as well as each wing on each floor. Entry is gained by using a specially coded, individual identification card. If a card is lost for any reason, a new one can be issued, and the old card is canceled. The main lobby, as well as all hallways on each floor in each wing, is equipped with a closed-circuit television camera and is monitored and recorded 24 hours per day, 7 days per week. The Residence Life Department staffs the front desk located on the lobby level during peak hours of occupancy and activity, 7 days per week. All non-residents of this hall must check in with the desk assistant and leave their i.d. card for pick up when they leave the building.
- XAVIER-LOYOLA HALL (XL): X-L Hall consists of two buildings connected by a common lobby. The building houses primarily upperclass students and is staffed with an RD and several RA’s. It is equipped with a Swipe Card Access System for access control on all main entry doors. Entry is gained by using a specially coded, individual identification card. If a card is lost for any reason, a new one can be issued, and the old card is canceled. The main lobby, as well as all hallways on each floor in each wing, is equipped with a closed-circuit television camera. The Residence Life Department staffs the front desk located on the lobby level during peak hours of occupancy and activity, 7 days per week. All non-residents of this hall must check in with the desk assistant and leave their i.d. card for pick up when they leave the building.
- MCGEE HALL: McGee Hall is a 6 story building with 113 rooms and is occupied primarily by new students. The hall is staffed with an RD and several RA’s. It is equipped with a swipe card system. Entry is gained into the building, as well as the elevators and two stairwells, by using this identification card system. If a card is lost a new one can be issued and the old card canceled as soon as the loss is reported. The main lobby, as well as each hallway, is equipped with closed-circuit television cameras. The Residence Life Department staffs the front desk located on the lobby level during peak hours of occupancy and activity, 7 days per week. All non-residents of this hall must check in with the desk assistant and leave their i.d. card for pick up when they leave the building.
- TOWNHOUSE VILLAGE (THV): The Townhouse Village operates like any apartment/townhouse complex with all university rules and regulations in force, just as in all residential living facilities. Each unit has its own specific key which is carried by all of the occupants of that unit. Occupants are responsible for making sure their units are secure. Exterior lighting is present, and the security staff patrols the parking lots and exteriors of the buildings regularly. The Townhouse Village Community Center is equipped with one closed-circuit television camera located in the main entryway, which is monitored and recorded 24 hours a day by the Department of Safety and Security, as are all closed-circuit television cameras (CCTV) on campus. The Townhouse Village is assigned an area coordinator who acts as the RD and four RA’s.
- ON-CAMPUS HOUSES (OCH): Several houses, both single-family, and duplexes have been added to our campus housing availability. All university rules and regulations are in force, just as they are in all residential living facilities. An area coordinator is assigned as RD, and two RA’s. The occupants are provided the phone numbers for the security dispatch office as outlined in this report for contacting the Department of Safety and Security from off-campus. Each OCH (ON CAMPUS HOUSE) is equipped with an intrusion detection system with a panic alarm feature. These systems are monitored 24 hours per day by an off campus monitoring station, and when activated, will initiate an immediate response from the campus Department of Safety and Security. The student occupants in these OCH Units are encouraged to act as responsible neighbors, including calling in suspicious persons and activity, not just at their house, but their neighbor’s as well.
- ROCK ROW HOUSES: The Rock Row housing operates like any apartment/townhouse complex with all university rules and regulations in force, just as in all residential living facilities. Each unit is equipped with a swipe card entry system. If a card is lost, a new one can be issued and the old card canceled as soon as the loss is reported. Each Rock Row unit is equipped with intrusion detection and a panic alarm. These systems are monitored 24 hours per day by the Rockhurst security communications office, and when activated, will initiate an immediate response from the campus Department of Safety and Security. The front and rear entries of each unit are equipped with closed-circuit television cameras which are monitored and recorded 24 hours a day by the Department of Safety and Security. The Rock Row housing is assigned an RA)
Security of and Access to Non-Residential Campus Buildings
- ARRUPE HALL: This classroom/office building also houses the Arrupe Auditorium. The building is equipped with swipe access control on exterior doors, as well as certain select interior doors. The building is equipped with a security red phone system. There is CCTV installed in the building interior and on the exterior of the building which is monitored by the Security Dispatch. Panic alarms are installed in select office locations.
- COMMUNITY CENTER: The University Community Center houses both the community center and the university’s Department of Safety and Security and is located at 5401 Troost. This building is equipped with electronic access control. This system controls both the exterior entry door and the interior access to the community center and the Department of Safety and Security. There is one internal and two exterior closed-circuit television cameras available. They are monitored and recorded as all CCTV cameras are on campus. The security communications office handles all campus fire and security panic alarms, security phone answering (as well as campus phone answering after regular business hours), and two-way radio communications. The security dispatch office, just like security field operations, is staffed 24 hours per day, 365 days per year.
- CONWAY HALL: This classroom/office building houses, classrooms, the Helzberg School of Management Administrative offices, faculty offices, and computer labs. The building is equipped with the electronic access control swipe-card system for exterior doors and selected interior doors. The building is equipped with the security red phone system inside and out. Panic alarms are available in office locations. Select locations within this building are equipped with CCTV cameras that are monitored and recorded 24hrs a day by the Department of Safety and Security.
- FIELDHOUSE/CONVOCATION CENTER: The athletic complex, housed in the Mason-Halpin Fieldhouse/Convocation Center is used for scheduled athletic events, including campus intramural programs. It also includes athletic training facilities, locker areas, classrooms, weight room, the Athletic Department Administrative Offices, and storage. The field house/convocation center is a combined structure; the two buildings can function together or as individual entities. The electronic access control installed on the Convocation Center side can be used to control access to both buildings. Panic alarms are installed at this location. The buildings are equipped with the security red phone system. The building has CCTV cameras present.
- GREENLEASE ART GALLERY: The art gallery houses the permanent collection of art belonging to Rockhurst University and is the site of exhibitions of guest artist work throughout the year. There are offices and art storage areas. The gallery is equipped with electronic access control, a panic alarm, and closed-circuit television cameras. A red security phone is also available.
- GREENLEASE LIBRARY: The library is equipped with the electronic access control system. When the building is open, it is continuously operated by library staff. The library is equipped with a security red phone system. Panic alarms are available in the office areas. Closed-circuit television is also installed in the library and is monitored by the security dispatch office.
- MAGIS ACTIVITY CENTER (MAC): This building is comprised of a large gathering space, men’s and women’s soccer locker rooms, and an athletic training room on the first floor – and the second floor is entirely dedicated to strength and conditioning equipment as well as an aerobic space. Randy, you will need to insert detail here about safety aspects. The building is equipped with swipe access control on exterior doors. Select exterior doors are equipped with Access-Control Keypads. Panic alarms are installed at this location. There is CCTV installed in the building interior and on the exterior of the building which is monitored by the Security Dispatch.
- MASSMAN HALL: This building houses both university administrative offices and student activity spaces, including a campus dining hall and other food outlets, meeting rooms, campus chapel, athletic weight room, and shower area, and the campus bookstore. All exterior entry doors are equipped with the electronic access control swipe system. The automated access control system covers selected interior doors as well. The building also contains the campus closed-circuit television system. The security red phone system is equipped on the exterior and interior of the building. Panic alarms are available in selected office areas.
- NORTH PARKING GARAGE: This building is a four-story parking structure with several retail spaces at the ground level. The stairwell towers are equipped with the swipe access control system. The garage parking areas are equipped with the code blue security phones. Closed-circuit television is present, and panic alarms are available in retail spaces.
- SEDGWICK HALL: This is the oldest building on campus. It includes; classrooms, faculty/staff offices, the Mabee Theater, and the theater shop spaces. The building is equipped with the electronic access control swipe-card system on its exterior entry doors. The security red phone system is located on both the exterior and interior of the building. Panic alarms are located in selected office locations.
- ST. IGNATIUS SCIENCE CENTER: This is a classroom/laboratory/office building. All exterior entry doors are equipped with electronic access control. The swipe card system also covers selected interior doors. Closed-circuit television is installed in this building. There are selected offices equipped with the panic alarm system. Security red phones are installed on the exterior and interior of this building.
- STUDENT ACTIVITIES CENTER: This is a large open building utilized primarily for the Theater Program and activities. It is equipped at the main entry point with the electronic access control swipe card system. This building is equipped with closed-circuit television and has the security red phone system available at the main entry (southeast entry lobby to the building).
- VAN ACKEREN HALL: This is a classroom/office building. It houses classrooms, labs, faculty offices, the campus Learning Center, and certain administrative offices. It is equipped with an electronic access control swipe card system. Panic alarms are available in selected offices. The security red phone system is located on both the exterior and interior of this building. Closed-circuit television is also installed in Van Ackeren Hall and is monitored by the security dispatch office.
Students and employees are asked to be alert and to not circumvent practices and procedures that are meant to preserve their safety and that of others:
- Do not prop doors open or allow strangers into campus buildings that have been secured
- Do not lend keys or access cards to non-students and do not leave them unattended
- Do not give access codes to anyone who does not belong to the campus community
Keys to the offices, laboratories, and classrooms on campus will be issued to employees only as needed and after receiving the proper authorization. Each department supervisor is responsible for assuring his/her area is secured and locked.
Employee and student identification cards may be used to verify the identity of persons suspected to be in campus facilities without permission.
Security Considerations in the Maintenance of Facilities
Every building at Rockhurst, both residential and non-residential, are inspected daily for problems related to lighting, locks, closed-circuit television, access control (both traditional keys/locks and electronic applications). These inspections include checking the red phone system for proper operability. Any discrepancy is reported via the security report system to the physical plant or telecom office. A work order is generated, and when work is complete, security is notified. Any security concern of an immediate nature such as a broken lock, broken or missing windows, red or blue phone problems, or any problem deemed to need immediate attention is reported to the Physical Plant’s on-call staff or the Department of Safety and Security Technical Sergeant. Repairs and replacement are then taken care of quickly.
Educational Programs Related to Security Awareness and Prevention of Criminal Activity
The University seeks to enhance the security of its campus and the members of the campus community by periodically presenting educational programs to inform students and employees about campus security procedures and practices, to encourage students and employees to be responsible for their own security and the security of others and to inform them about the prevention of crimes. These programs are discussed below.
- The Department of Safety and Security provides two types of educational programs for the campus community. One of these programs is designed to inform students and employees about campus security procedures and practices and to encourage students to be responsible for their safety. These programs are presented in person, and they are accompanied by brochures with information related to the topic covered. They are offered at orientations at the start of each semester, in residence hall programs once per academic year, and on-demand and cover such topics as:
- How to contact the Department of Safety and Security. Also includes security authority, training, and issues related to security operations.
- When to contact, which includes reporting criminal victimization, witness information, suspicious persons and activity, asking general questions to clarify security questions and concerns, statistical data.
- Specific risk-reducing measures-walking in pairs, not leaving property visible in cars, parking in well-lighted areas.
- Requested programs: self-defense, sexual assault prevention measures, police department programs on crime prevention and how to reduce risk. These programs can be requested and scheduled through student development or security.
- Other content related to security, such as:
- Identifying suspicious persons, activity, and vehicles:
- Techniques for reporting descriptions of persons.
- Identifying what suspicious persons and activity mean; actions of, not personal traits such as race, gender, nationality.
- Witnessing a crime or incident such as an auto accident or safety concerns.
- How and why the Department of Safety and Security functions, its mission, and methods of accomplishment.
- Security role in crisis management and what the campus community does to participate in the many different crises that may arise; for example, active shooter, bomb threats, weather crisis, fires, and so on.
- The second category of educational programming is designed to inform students and employees about the prevention of crimes. These programs are conducted in person, brochures, and audio-visual media. This information is presented at new hire orientations and during student orientation at the start of each semester, in the residence halls once per academic year, and on-demand:
- Emphasis is on demonstrating how to implement the basic tenets of crime prevention for all members of the campus community
- Teaching the definition of crime prevention and then showing how the definition can be applied to reducing or eliminating crime risk in our daily lives and activities on campus.
- Crime prevention is shown to help reduce the risk of becoming a victim of any crime; property, or personal crimes.
- These crime prevention educational techniques are reiterated throughout the basic introductory campus orientation and then throughout the academic year in the residence halls.
Monitoring Off-Campus Locations of Recognized Student Organizations
The University monitors and records, through local police agencies, any criminal activity in which students have engaged at off-campus locations of student organizations officially recognized by the University, including student organizations with off-campus housing facilities.
Disclosure of the Outcome of a Crime of Violence or Non-Forcible Sex Offense
Upon written request, the University will disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by the University against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of the paragraph.
The previous paragraph does not apply to victims of dating violence, domestic violence, sexual assault, or stalking because, under the Violence Against Women Act, both the accused and accuser in these cases are given the results without the need to make a written request.
Drug and Alcohol Policy
Rockhurst University is committed to creating and maintaining an environment that is free of alcohol abuse. The University prohibits the possession, use, and sale of alcoholic beverages on-campus or as any part of the University's activities, unless it is done so in accordance with applicable University policies, and it also enforces the state's underage drinking laws.
The University also enforces federal and state drug laws. The possession, sale, manufacture or distribution of illegal drugs is prohibited under both state and federal laws. Violators of the University's policies or federal and state laws regarding illegal drugs will be subject to disciplinary action and possible criminal prosecution.
Federal Drug Laws
- Denial of Federal Benefits (21 U.S.C. 862) A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
- Forfeiture of Personal Property and Real Estate (21 U.S.C. 853) Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued, and property is seized at the time an individual is arrested on charges that may result in forfeiture.
- Federal Drug Trafficking Penalties (21 U.S.C. 841) Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. Penalties for subsequent convictions are twice as severe. If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces the possibility of a life sentence and fines ranging up to $10 million. Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 860) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
- Federal Drug Possession Penalties (21 U.S.C. 844) Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.
Drug and Alcohol State Laws
Timely Warning
|
Category |
Summary (Missouri Revised Statutes) |
|---|---|
|
Possession of Marijuana |
The use of recreational marijuana is illegal, and possession for personal use of less than 10 grams for a first offense is a misdemeanor with a maximum fine of $500 and no jail time. For a second offense, the maximum fine is $2,000 and up to one year in jail. Possessing more than 35 grams is a felony with a maximum fine of $10,000 and up to 7 years in jail. See MO. REV. STAT. § 579.015 (2019). Medical marijuana for certain conditions is allowed, and up to four ounces may be purchased every 30 days. Mo. Code Regs. Ann. tit. 19, § 30-95.030 (2020). |
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Controlled Substances |
Missouri statutes cover a wide range of offenses related to the possession and delivery of controlled substances. See MO. REV. STAT. §§ 579.015 – 579.040 (2019). Possession of a controlled substance, except thirty-five grams or less of marijuana, is a Class D felony, with a term of up to seven years and a fine up to $10,000. See MO. REV. STAT. § 579.015 (2019). Delivery of a controlled substance other than 35 grams or less of marijuana is a Class C felony, resulting in a prison term of not less than 3 years and not more than 10 years, and a fine up to $10,000. MO. REV. STAT. §§ 558.002, 558.011 (2019). As an example, someone possessing methamphetamine faces a prison term of 7 years and a fine up to $10,000. |
|
Alcohol and Minors |
In Missouri, it is illegal for anyone under the age of 21 to possess, purchase, or attempt to purchase any intoxicating liquor, subject to a fine not to exceed $500. See MO. REV. STAT. § 311.325 (2019). A subsequent violation is a Class A misdemeanor, subject to a term of up to one year in jail and a fine not to exceed $2,000. Id. Anyone between 17–21 who represents that she/he is 21 for the purpose of obtaining intoxicating liquor is guilty of a misdemeanor. MO. REV. STAT. § 311.320 (2019). The use of a fake identification is subject to a $500 fine. Id. An attempt to purchase, or possession of alcohol, may also result in license suspension. |
|
Driving Under the Influence (DUI) |
A person is guilty of a DUI if the person has a blood alcohol concentration of 0.08 percent. A first offense results in a suspended license for 30 days and then a restricted license for 60 days, and may require a certified ignition interlock device. MO. REV. STAT. § 302.525 (2019). A second offense within five years results in a one-year restricted license and additional penalties. |
Drug and Alcohol Abuse Prevention Program
The University has a drug and alcohol abuse and prevention program ("DAAPP") and conducts a biennial review of this program to evaluate its effectiveness. For more information, see below.
- Alcohol and Drug Education
- Alcohol and Substance Abuse policies
- Biennial review DAAPP (available upon request from the Dean of Student's office)
Policies, Procedures, and Programs Related to Dating Violence, Domestic Violence, Sexual Assault, and Stalking
Consistent with applicable laws, the University prohibits dating violence, domestic violence, sexual assault, and stalking. The University's policy used to address complaints of this nature, as well as the procedures for filing, investigating, and resolving complaints, may be found at:
Rockhurst University Sexual Harassment Policy
The following sections of this report discuss the University's educational programs to promote the awareness of dating violence, domestic violence, sexual assault, and stalking; provides information concerning procedures students and employees should follow and the services available in the event they do become a victim of one of these offenses, and advises students and employees of the disciplinary procedures that will be followed after an allegation that one of these offenses has occurred.
Primary Prevention and Awareness Program
The University conducts a Primary Prevention and Awareness Program (PPAP) for all incoming students and new employees, as well as annual training for third parties that work on our campus (i.e., certain vendors, volunteer coaching staff, etc. The PPAP advises campus community members that the University prohibits the offenses of dating violence, domestic violence, sexual assault, and stalking. They are also informed of the topics discussed below, including relevant definitions, risk reduction, and bystander intervention.
Crime Definitions
| Crime Type (Missouri Revised Statues) | Definitions |
|---|---|
|
Dating Violence |
The institution has determined, based on good-faith research, that Missouri law does not define the term dating violence. |
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Domestic Violence |
Missouri's protective order statutes provide the following definitions (Mo. Rev. Stat. § 455.010):
In addition, Missouri criminal statutes include various degrees of the crime "Domestic Assault," as follows:
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Stalking |
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Sexual Assault |
The institution has determined, based on good-faith research, that Missouri's criminal statutes do not define the term sexual assault. However, Missouri's protective order statutes indicate that "sexual assault" means causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person's consent. (Mo. Rev. Stat. § 455.010(1)(e)). |
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Rape, Fondling, Incest, Statutory Rape |
For purposes of the Clery Act, the term "sexual assault" includes the offenses of rape, fondling, incest, and statutory rape. These definitions under Missouri law are as follows:
|
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Other "sexual assault" crimes |
Other crimes under Missouri law that may be classified as a "sexual assault" include the following:
|
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Consent (as it relates to sexual activity) (Mo. Rev. Stat. § 556.061(14)) |
Consent or lack of consent may be expressed or implied. Assent does not constitute consent if: (a) It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or (b) It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or (c) It is induced by force, duress or deception. |
University Definition of Consent
In addition to the definition of consent under Missouri law, the University uses the following definition of consent for the purpose of determining whether a violation of its Sexual Harassment Policy has occurred:
- Lack of consent is a critical factor in determining whether Sexual Harassment has occurred.
- Consent is not passive and requires an affirmative, mutually understood, act or statement by each participant to engage in the specific sexual acts. A verbal “no” constitutes lack of consent, even if it sounds insincere or indecisive.
- Consent is informed and freely given. If unreasonable manipulation—or any kind of Coercion, physical force, or weapon—is used, there is no consent.
- If a person is mentally or physically incapacitated (as described below), there is no consent.
- If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent (Note: In Missouri, the minimum age of consent for purposes of Statutory Rape is age 17 and no one under 14 years of age is considered capable of consent.)
- Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
- Consent can be withdrawn. When consent is withdrawn, sexual activity must immediately stop. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent.
- Being in a romantic relationship with someone does not, in and of itself, imply consent to any form of sexual activity. Even in the context of an ongoing relationship, consent must be sought and freely given for each specific sexual act. Consent may be withdrawn at any time. (Rockhurst University’s Consensual Relationship Policy outlines limitations on consensual romantic or intimate relationships between and among University employees, and between University employees and students).
Risk Reduction
- Always practice sound crime prevention techniques. Some tips are discussed earlier in this report.
- If you find yourself in a situation that makes you uncomfortable, get away from it by seeking out another person you know for support. You might also excuse yourself and let the person who is bothering you know that you are expected elsewhere; others are waiting for you.
- You can withdraw consent to sexual activity at any time. Do not be afraid to tell a sexual aggressor “NO” clearly and loudly.
- Drink responsibly. Don’t accept drinks from others; even if you know them unless you can be sure of the contents.
- Learn all you can about someone. This is one of the ways you can build trust.
- Trust your instincts; act on them to avoid possible problems.
- Attend large parties with friends you trust. Watch out for your friends and ask that they watch out for you.
- Report situations or person(s) that you find unusual or suspicious.
If you find yourself in the position of being the initiator of sexual behavior, these suggestions may help you to reduce your risk of being accused of sexual assault or another sexual crime:
- Remember that you owe sexual respect to the other person.
- Don’t make assumptions about the other person’s consent or about how far they are willing to go.
- Remember that consent to one form of sexual activity does not necessarily imply consent to another form of sexual behavior.
- If your partner expresses a withdrawal of consent, stop immediately.
- Clearly communicate your sexual intentions so that the other person has a chance to clearly tell you their intentions.
- Consider “mixed messages,” a clear sign that the other person is uncomfortable with the situation and may not be ready to progress sexually.
- Don’t take advantage of someone who is really drunk or on drugs, even if they knowingly and intentionally put themselves in that state. Further, don’t be afraid to step in if you see someone else trying to take advantage of a nearly incapacitated person.
- Be aware of the signs of incapacitation, such as slurred speech, bloodshot eyes, vomiting, unusual behavior, passing out, staggering, etc.
It is also important to be aware of the warning signs of an abusive person. Some examples include: past abuse; threats of violence or abuse; breaking objects; using force during an argument; jealousy; controlling behavior; quick involvement; unrealistic expectations; isolation; blames others for problems; hypersensitivity; cruelty to animals or children; “playful” use of force during sex; Jekyll-and-Hyde personality.
Bystander Intervention
- Watch out for your friends and fellow community members-if you see someone who looks like they are in trouble, ask if they are okay. If you see a friend doing something shady, say something.
- Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.
- Speak up when someone discusses plans to take sexual advantage of another person.
- Call the police when a person is yelling at or being physically abusive towards another, and it is not safe for you to interrupt.
- Interject yourself into a conversation where another person seems unsafe to cause a distraction.
- If you see someone you know, or you suspect may be in a situation that could lead to a problem, try to intercede by offering them an alternative; telling them you need to talk to them.
- Refuse to leave the area (or call the police) if a person is trying to get you to leave so they can take advantage of another.
- Speak up if someone says something offensive, derogatory, or abusive; let them know that the behavior is wrong and you don’t want to be around it. Don’t laugh at racist, sexist, homophobic jokes. Challenge your peers to be respectful. Offer to drive an incapacitated friend home from a party.
- Ensure that friends who are incapacitated do not leave the party or go to secluded places with others.
- Believe someone who discloses a sexual assault, an abusive relationship, or experience with stalking or cyberstalking.
- Be respectful of yourself and others. Make sure any sexual act is OK with your partner if you initiate.
Other Information Covered by the PPAP
The PPAP also provides information on possible sanctions and protective measures that may be imposed following a determination that an offense of dating violence, domestic violence, sexual assault, or stalking has occurred, an explanation of the disciplinary procedures that will be followed when one of these offenses is alleged, the rights of the parties in such a proceeding, available resources, and other pertinent information. Much of this information is set forth in the upcoming sections of this security report.
Ongoing Prevention and Awareness Campaign
The University also conducts an Ongoing Prevention and Awareness Campaign (OPAC) aimed at all students, employees, and third parties on our campus (i.e., certain vendors, regular volunteers, etc.). This campaign covers the same material as provided in the PPAP, but is intended to increase students' and employees' understanding of these topics and improve their skills for addressing the offenses of dating violence, domestic violence, sexual assault, and stalking.
PPAP and OPAC Programming Methods
The PPAP and OPAC are carried out in a variety of ways, using a range of strategies, and, as appropriate, targeting specific audiences throughout the University. Methods include, but are not limited to online presentations, distribution of written materials, periodic email blasts, and guest speakers. Specific examples of this programming include:
PPAP
- Student Life and Residence Life
- Providing freshman and transfer students information on a wide variety of topics during their orientation phase. Includes training on sexual harassment (including sexual assault). This training is both prevention-oriented and what to do if the student becomes the victim of sexual violence.
- Completion of the Get Inclusive “Voices for Change” online course. This material focuses on minimizing the risks associated with alcohol, drugs, and sexual violence. The approach of the course is to create a healthy campus culture where students can feel comfortable, thrive, grow, and learn. This is a required online course.
- Completion of Bringing in the Bystander Training which has the ultimate goal of preparing organizations/communities to implement a strategy of violence prevention that measurably reduces power-based personal violence (including sexual, domestic violence, dating violence, stalking, and bullying). The program is a four-hour “training” fashion to students by the Bringing in the Bystander committee comprised of members representing: Student Life, Campus Ministry, Residence Life, Student Retention, Office of Mission and Ministry, PRM, and several faculty from various disciplines. Once trained, students can implement the bystander lifestyle throughout their day and help spread the knowledge of the program to their peers.
- Department of Safety and Security
- Providing freshman and transfer students information on a variety of security and crime prevention related topics:
- Recognizing suspicious activity relevant to sexual assault and other crimes.
- Reporting – how to, red phone, phone, cell phone 816-501-4010
- Crime avoidance techniques the risks of sexual assault.
- What to do if you become the victim of harassment; sexual assault, domestic violence, dating, and stalking. Includes you can report campus security authorities.
- Security services are designed to deliver preventive efforts to the campus community.
- Providing freshman and transfer students information on a variety of security and crime prevention related topics:
- Title IX Office
- Certain designated student workers, Resident Assistants, Desk Assistants, Greek Advisors, Graduate Assistants, regular volunteers, and on-campus vendors are required to complete the Employee course: Title IX Clery Act Compliance online course, which covers Title IX and VAWA issues. Additionally, Resident Assistants, Desk Assistants, and Resident Directors attended a live training on Title IX and VAWA issues and protocols for responding to reports of sexual assault and VAWA crimes prepared by the Title IX Coordinator. Student Athletes take the online Voices for Change-Athlete module which covers Title IX and VAWA issues. New employees are required to watch a training video or attend live training on Title IX and VAWA issues prepared by the University’s legal counsel. Additionally, all employees, faculty, adjuncts, regular volunteers, designated student worker positions, Graduate Assistants, Greek Advisors and on-campus vendors receive annual Title IX training relating to sexual assault, domestic violence, dating violence, and stalking.
- Human Resource Office
- New employees are given an orientation to the university by the Human Resources Department. Includes information on sexual harassment, (including sexual assault) that in the University’s Human Resources Manual. The data is prevention-oriented and instructive on how to report.
OPAC
- Offices in the Student Development Area of the University; residence life, counseling center provide programming on these areas of concern:
- Resident Assistants in all residential living facilities conduct sexual assault-related programming as part of the first-semester programming model.
- For 2019 these included programs on sexual assault prevention, awareness and what will be done to support individuals.
- New students must take the “Get Inclusive Voices for Change” online course that deals with drinking, drugs, and sexual violence.
- The counseling center, although not having an ongoing, systematic campaign plan they have provided support and collaboration for the following related programs at various times (which are geared towards sexual assault awareness and prevention):
- Take Back the Night
- The Clothesline Project and
- Denim Day
- What you were wearing exhibit
- Title IX Office provides annual Title IX training relating to sexual assault, domestic violence, stalking, dating violence, and bystander intervention to certain designated student workers, Resident Assistants, Desk Assistants, certain student volunteers, all employees, faculty, adjuncts, graduate assistants, regular volunteers, Greek Advisors, and on-campus vendors. The Title IX Office also provides annual Title IX Investigator training for first responders to sexual assault, domestic violence, dating violence, and stalking.
- Additionally, the University Counseling Center, the Student Development Office, including the Dean of Students’ Office, Residence Life, Student Activity office, the Title IX office, and Campus Ministry are available for assisting students working with issues of sexual assault. Residence Life Personnel (RA’s, RD’s) have been given training in how to assist with prevention training as well as how to respond to a student who has been victimized. The Human Resource Department and Title IX Office provides similar assistance to the faculty and staff, and the Department of Safety and Security is available to all members of the campus community for program information.
Procedures to Follow if You Are a Victim of Dating Violence, Domestic Violence, Sexual Assault, or Stalking
If you are a victim of dating violence, domestic violence, sexual assault, or stalking, go to a safe place and call 911 or the Department of Safety and Security at 816-501-4010. You may also contact the University’s Title IX Coordinator at 816-501-4036.
Victims will be notified in writing of the procedures to follow, including:
- To whom and how the alleged offense should be reported (contact the Title IX Coordinator or refer to the other resources listed in this report).
- The importance of preserving evidence that may be necessary to prove the offense in a criminal proceeding or disciplinary action or to obtain a protective order.
- The victim’s options regarding notification to law enforcement, which are: (a) the option to notify either on-campus or local police; (b) the option to be assisted by campus security authorities in notifying law enforcement if the victim so chooses (the institution is obligated to comply with such a request if it is made); and (c) the option to decline to notify such authorities.
- Where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.
Preservation of Evidence & Forensic Examinations
Victims of physical assault are advised not to remove clothing items worn during or following an assault, as they frequently contain valuable fiber, hair, and fluid evidence. Don’t bathe or wash, or otherwise clean the environment in which the assault occurred. You can obtain a forensic examination at St. Luke’s Hospital of Kansas City, 4401 Wornall Road, Kansas City, MO 64111.
Completing a forensic examination does not require you to file a police report, but having a forensic examination will help preserve evidence if you decide at a later date to file a police report.
Victims are also advised to retain evidence in electronic formats (e.g., text messages, emails, photos, social media posts, screenshots, etc.). Such evidence is valuable in all situations, and it may be the only type of evidence available in instances of stalking.
Security/Law Enforcement & How to Make a Police Report
- Department of Safety and Security: 816-501-4010
- Kansas City Police Department: 1125 Locust St, Kansas City, MO 64106, 911 or 816-234-5000
- To make a police report, a victim should contact the local police agency listed above either by phone or in-person. The victim should provide as much information as possible, including name, address, and when and what occurred, to the best of the victim’s ability.
Information about Legal Protection Orders
- In Missouri, victims may obtain an Adult Order of Protection, which provides protective relief for victims of domestic violence, stalking, or sexual assault. Information about Adult Orders of Protection may be found at http://www.courts.mo.gov/page.jsp?id=533.
- A protection order may be obtained by filing a petition with the court. Courts can issue two types of orders: (1) Ex Parte Orders, which act as a temporary emergency order to protect a victim, for up to 15 days, until a court hearing, and (2) Full Orders of Protection, which may be issued for up to one year. Additional information about the orders may be found at: http://www.courts.mo.gov/file.jsp?id=69655.
- A Petition for Order of Protection should be filed in the 16th Circuit of Jackson County’s Kansas City Courthouse. The address is:415 E. 12th Street, Kansas City, Missouri 64106. The phone number is 816-881-3971. More information is available here: https://www.16thcircuit.org/domestic-violence.
- Information about obtaining an Order of Protection in Jackson County can be found here: https://www.16thcircuit.org/Data/Sites/1/media/Civil_Records/booklet-16.pdf.
- The circuit court clerk’s office can provide the necessary forms and may assist in completing the forms. Forms may also be found online at: http://www.courts.mo.gov/file.jsp?id=537. A victim should be prepared to present documentation and/or other forms of evidence when filing for an order of protection.
- Victims may contact local domestic violence and sexual assault advocates for assistance in obtaining a protection order.
- The Kansas City, Missouri Police Department (KCPD) provides advocates for victims of domestic violence through their Victim Services Office. The KCPD is located at: 1125 Locust, Kansas City, Mo. 64106. The Victim Advocate's phone number is: 816- 234-5205. More information may be found at: http://kcmo.gov/police/victim-resources-2/.
- The Metropolitan Agency to Counter Sexual Assault (MOCSA) provides victims with free counseling, hospital advocacy, and police advocacy. MOCSA is located at: 3100 Broadway, Suite 400, Kansas City, MO 64111, and has outreach sites throughout the Kansas City metro area. The phone number is: (312) 325-9155, and more information may be found at: http://mocsa.org/. The 24/7 crisis hotline phone number is: 816-531-0233.
- When a protection order is granted, it is enforceable statewide. If you have obtained a protection order and need it to be enforced in this area, you should contact the Kansas City, Missouri Police Department.
- The University will also enforce any temporary restraining order or other no-contact order against the alleged perpetrator from a criminal, civil, or tribal court. Any student or employee who has a protection order or no-contact order should notify the University’s Department of Safety and Security and/or Title IX Coordinator and provide a copy of the restraining order so that it may be kept on file with the Department of Safety and Security and can be enforced on campus, if necessary. Upon learning of any orders, the University will take all reasonable and legal action to implement the order.
- The University does not issue legal orders of protection. However, as a matter of institutional policy, the University may impose a no-contact order between individuals in appropriate circumstances. The University may also issue a “no trespass warning” if information available leads to a reasonable conclusion that an individual is likely to cause harm to any member of the campus community. A person found to be in violation of a No Trespass Warning may be arrested and criminally charged.
Available Victim Services
Victims will be provided written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available to them, both within the University and in the surrounding community. Those services include:
- The Rockhurst University Counseling Center thru the Department of Safety and Security dispatcher at (816) 501-4010 (you only need to give them your first name and a phone number to reach you). Or during regular hours at (816) 501-4275 Remember a counselor is always available during the regular school year.
- Rockhurst Campus Ministry contact at (816) 501-4747, for pastoral counseling and support and can be reached through the Department of Safety and Security dispatch (816) 501-4010.
- Residence Life for support and coordination of services. Contact your R/A, R/D, or the Director of Residence Life at (816) 501-4663. Can be reached through the Department of Safety and Security dispatch (816) 501-4010.
- Dean of Students for support and advocacy through the campus judicial process. Can be reached through the Department of Safety and Security dispatch (816) 501-4010 or (816) 501-4127.
- Sometimes victims of serious crimes feel the need to take a leave of absence from school. If this is being considered, be aware that financial aid may be affected. If you have questions about financial aid implications in such circumstances, contact the Director of Financial Aid at (816) 501-4831. The Title IX Coordinator can help facilitate this conversation as well.
- Saint Luke’s Hospital of Kansas City, 4401 Wornall Road, Kansas City, MO 64111
- Metropolitan Organization to Counter Sexual Assault (MOCSA) is available 24 hours per day 7 days per week--their HOTLINE IS (816) 531-0233, free, confidential crisis counseling; support groups, during medical exams; advocacy and guidance in reporting the crime to the police and in navigating the judicial process. Visit www.mocsa.org for more information.
- Jackson County Mental Health Services
- Missouri Coalition against Domestic and Sexual Violence
- National Domestic Violence Hotline: 1.800.799.7233
- National Sexual Assault Hotline: 1.800.656.4673
- Legal Services of Missouri
- Immigration Advocates Network
- U.S. Citizenship and Immigration Services
Accommodations and Protective Measures
The University will provide written notification to victims about options for, and available assistance in, changing academic, living, transportation, and working situations or protective measures. If victims request these accommodations or protective measures and they are reasonably available, the University is obligated to provide them, regardless of whether the victim chooses to report the crime to campus security or local law enforcement.
Requests for accommodations or protective measures relating to sexual assault, domestic violence, dating violence, or stalking (which are sexual in nature) should be made to the Title IX Coordinator at (816) 501-4036, and the Title IX Coordinator is responsible for deciding what if any, accommodations or protective measures will be implemented.
When determining the reasonableness of such a request, the University may consider, among other factors, the following:
- The specific need expressed by the complainant.
- The age of the students involved.
- The severity or pervasiveness of the allegations
- Any continuing effects on the complainant
- Whether the complainant and alleged perpetrator share the same class or job location.
- Whether other judicial measures have been taken to protect the complainant (e.g., civil protection orders).
The University will maintain as confidential any accommodations or protective measures provided a victim to the extent that maintaining confidentiality would not impair the University’s ability to provide them. However, there may be times when certain information must be disclosed to a third party in order to implement the accommodation or protective measure. Such decisions will be made by the University in light of the surrounding circumstances, and disclosures of this nature will be limited so that only the information necessary to implement the accommodation or protective measure is provided. In the event it is necessary to disclose information about a victim in order to provide an accommodation or protective order, the University will inform the victim of that necessity prior to the disclosure, including which information will be shared, with whom it will be shared, and why.
Procedures for Disciplinary Action
All allegations of dating violence, domestic violence, sexual assault, or stalking at Rockhurst University are funneled to the Title IX Coordinator and/or Deputy Title IX Coordinators if such complaints are not made to them initially. All University employees (except certain designated confidential resources) have a duty to report incidents of this nature to the Title IX Coordinator and/or a Deputy Title IX Coordinator whenever they witness or become aware of them, and the employees have received training informing them of this responsibility.
The University has designated the following Title IX Coordinator to coordinate its compliance with Title IX and to receive inquiries regarding Title IX, including complaints of sex discrimination. The name and contact information for the Title IX Coordinator is:
Kimberly Brant Schmelzle
Director of Compliance and Risk Management/Title IX Coordinator
Conway 102
1100 Rockhurst Road
Kansas City, MO 641110
816‑501‑4036
TitleIX@rockhurst.edu
The University has designated three Deputy Title IX Coordinator for Students and a Deputy Title IX Coordinator for Employees. The Deputy Title IX Coordinators are available to receive inquiries regarding Title IX, including complaints of sex discrimination, when the Title IX Coordinator is unavailable, if a person is more comfortable engaging with one of the Deputies, or if the Title IX Coordinator has a conflict of interest. The names and contact information for the Deputy Title IX Coordinators are as follows:
Dr. Matthew Quick
Vice President & Dean of Students/Deputy Title IX Coordinator for Students
Massman Hall, Room 1
816‑501‑4030
TitleIX@rockhurst.edu
Barbra Upton‑Garvin
Director of Human Resources/Deputy Title IX Coordinator for Employees
Conway 102
816‑501‑4555
TitleIX@rockhurst.edu
Marcia Ladage, MLA
Associate Dean for Students and Families
& Deputy Title IX Coordinator
Westport Campus, Rm 2Q61;
Troost Campus, Massman Hall Room 3
816‑936‑8716
TitleIX@rockhurst.edu
Once such an allegation is brought to the attention of the Title IX Coordinator and/or a Deputy Title IX Coordinator, a preliminary evaluation is made to determine whether the alleged conduct is sexual in nature. All allegations of sexual assault and allegations of dating violence, domestic violence, and stalking that are sexual in nature will be processed through the University’s Sexual Harassment Policy. Allegations of dating violence, domestic violence, and stalking that are not sexual in nature are processed through regular conduct procedures applicable to students, employees, and faculty.
Under the Sexual Harassment Policy, after receiving a report of Sexual Harassment, the Title IX Coordinator will conduct a preliminary assessment to determine:
- Whether the conduct, as reported, falls or could fall within the scope of this policy; and
- Whether the conduct, as reported, constitutes or could constitute Sexual Harassment.
If the Title IX Coordinator determines that the conduct reported could not fall within the scope of this policy, and/or could not constitute Sexual Harassment, even if investigated, the Title Coordinator will close the matter and may notify the reporting party if doing so is consistent with the Family Educational Rights and Privacy Act (“FERPA”). The Title IX Coordinator may refer the report to other University offices, as appropriate.
If the Title IX Coordinator determines that the conduct reported could fall within the scope of this policy, and/or could constitute Sexual Harassment, if investigated, the Title IX Coordinator will proceed to contact the Complainant.
A Complainant may file a Formal Complaint with the Title IX Coordinator requesting that the University investigate and adjudicate a report of Sexual Harassment. Provided, however, that at the time the Complainant submits a Formal Complaint, the Complainant must be participating in, or attempting to participate in, one or more of the University’s Education Programs or Activities or be a part-time or full-time employee or faculty member of the University.
In any case, including a case where a Complainant elects not to file a Formal Complaint, the Title IX Coordinator may file a Formal Complaint on behalf of the University if doing so is not clearly unreasonable. Such action will normally be taken in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the University Community. Factors the Title IX Coordinator may consider include (but are not limited to): (a) was a weapon involved in the incident; (b) were multiple assailants involved in the incident; (c) is the accused a repeat offender; and (d) does the incident create a risk of occurring again.
If the Complainant or the Title IX Coordinator files a Formal Complaint, then the University will commence an investigation and proceed to adjudicate the matter. In all cases where a Formal Complaint is filed, the Complainant will be treated as a party, irrespective of the party’s level of participation.
In a case where the Title IX Coordinator files a Formal Complaint, the Title IX Coordinator will not act as a Complainant or otherwise as a party for purposes of the investigation and adjudication processes.
If a Formal Complaint is transmitted to the parties, an investigator is selected by the Title IX Coordinator or the Title IX Coordinator him/herself will undertake an investigation to gather evidence relevant to the alleged misconduct, including inculpatory evidence (which implies or tends to establish responsibility for a violation of this policy as alleged) and exculpatory evidence (which implies or tends to establish a lack of responsibility for a violation of this policy as alleged). The burden of gathering evidence sufficient to reach a determination in the adjudication lies with the University and not with the parties. The investigation will culminate in a written investigation report that will be submitted to the adjudicator during the selected adjudication process. Although the length of each investigation may vary depending on the totality of the circumstances, the University strives to complete each investigation within sixty (60) days of the transmittal of the written notice of Formal Complaint.
Within a reasonably prompt time period (not to exceed ten (10) days) of the Title IX Coordinator receiving a Formal Complaint, the Title IX Coordinator will transmit a written notice to the Complainant and Respondent that includes certain information as set forth in the policy.
During the investigation, the investigator will provide an equal opportunity for the parties to be interviewed, to present witnesses (including fact and expert witnesses), and to present other inculpatory and exculpatory evidence. The investigation is a party’s opportunity to present testimonial and other evidence that the party believes is relevant to resolution of the allegations in the Formal Complaint. A party that is aware of and has a reasonable opportunity to present particular evidence and/or identify particular witnesses during the investigation, and elects not to, will be prohibited from introducing any such evidence during the adjudication absent a showing of mistake, inadvertence, surprise, or excusable neglect.
At the conclusion of the evidence‑gathering phase of the investigation, but prior to the completion of the investigation report, the investigator will transmit to each party and their advisor, in either electronic or hard copy form, all evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including (1) evidence on which the University may choose not to rely at any hearing and (2) inculpatory or exculpatory evidence whether obtained from a party or some other source. The parties will have ten (10) days in which to submit to the investigator a written response, which the investigator will consider prior to completing the investigation report. The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not duplicate or disseminate the evidence to the public.
After the period for the parties to provide any written response has expired, the investigator will complete a written investigation report that fairly summarizes the various steps taken during the investigation, summarizes the relevant evidence collected, lists material facts on which the parties agree, and lists material facts on which the parties do not agree. When the investigation report is complete, the investigator will transmit a copy to the Title IX Coordinator. The investigator will also transmit the investigation report to each party and their advisor, in either electronic or hard copy form.
After the investigator has sent the investigation report to the parties, the Title IX Coordinator will transmit to each party a notice advising the party of the two different adjudication processes. The notice will explain that the hearing process is the default process for adjudicating all Formal Complaints and will be utilized unless both parties voluntarily consent to administrative adjudication as a form of informal resolution. The notice will be accompanied by a written consent to administrative adjudication and will advise each party that, if both parties execute the written consent to administrative adjudication, then the administrative adjudication process will be used in in lieu of the hearing process. Parties are urged to carefully review the policy, consult with their advisor, and consult with other persons as they deem appropriate (including an attorney) prior to consenting to administrative adjudication.
Each party will have three (3) days from transmittal of the notice to return the signed written consent form to the Title IX Coordinator. If either party does not timely return the signed written consent, that party will be deemed not to have consented to administrative adjudication and the Formal Complaint will be adjudicated pursuant to the hearing process.
After selection of the hearing process as the form of adjudication, the Title IX Coordinator will promptly appoint a hearing officer who will oversee the hearing process and render a determination of responsibility for the allegations in the Formal Complaint, at the conclusion of the hearing process. The Title IX Coordinator will see that the hearing officer is provided a copy of the investigation report and a copy of all evidence transmitted to the parties by the investigator.
After the hearing officer is appointed by the Title IX Coordinator, the hearing officer will promptly transmit written notice to the parties notifying the parties of the hearing officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; setting a date for the pre‑hearing conference; setting a date and time for the hearing; and providing a copy of the University’s Hearing Procedures. Neither the pre‑hearing conference, nor the hearing itself, may be held any earlier than ten (10) days from the date of transmittal of the written notice.
Prior to the hearing, the hearing officer will conduct a pre‑hearing conference with the parties and their advisors. The pre‑hearing conference will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the pre‑hearing conference will be conducted with the hearing officer, the parties, the advisors, and other necessary University personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.
In the hearing officer’s discretion, the pre‑hearing conference may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.
During the pre‑hearing conference, the hearing officer will discuss the Hearing Procedures with the parties; address matters raised in the parties’ written responses to the investigation report, as the hearing officer deems appropriate; discuss whether any stipulations may be made to expedite the hearing; discuss the witnesses the parties have requested be served with notices of attendance and/or witnesses the parties plan to bring to the hearing without a notice of attendance; and resolve any other matters that the hearing officer determines, in the hearing officer’s discretion, should be resolved before the hearing.
After the pre‑hearing conference, the hearing officer will transmit notices of attendance to any University employee (including administrator, faculty, or staff) or student whose attendance is requested at the hearing as a witness. The notice will advise the subject of the specified date and time of the hearing and advise the subject to contact the hearing officer immediately if there is a material and unavoidable conflict.
After the pre‑hearing conference, the hearing officer will convene and conduct a hearing pursuant to the University’s Hearing Procedures. The hearing will be audio recorded. The audio recording will be made available to the parties for inspection and review on reasonable notice, including for use in preparing any subsequent appeal.
The hearing will be conducted live, with simultaneous and contemporaneous participation by the parties and their advisors. By default, the hearing will be conducted with the hearing officer, the parties, the advisors, witnesses, and other necessary University personnel together in the same physical location. However, upon request of either party, the parties will be separated into different rooms with technology enabling the parties to participate simultaneously and contemporaneously by video and audio.
In the hearing officer’s discretion, the hearing may be conducted virtually, by use of video and audio technology, where all participants participate simultaneously and contemporaneously by use of such technology.
Except as otherwise permitted by the hearing officer, the hearing will be closed to all persons except the parties, their advisors, the investigator, the hearing officer, the Title IX Coordinator, and other necessary University personnel. With the exception of the investigator and the parties, witnesses will be sequestered until such time as their testimony is complete. During the hearing, the parties and their advisors will have access to the investigation report and evidence that was transmitted to them.
While a party has the right to attend and participate in the hearing with an advisor, a party and/or advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the hearing officer.
Subject to the minimum requirements specified in this Section, the hearing officer will have sole discretion to determine the manner and particulars of any given hearing, including with respect to the length of the hearing, the order of the hearing, and questions of admissibility. The hearing officer will independently and contemporaneously screen questions for relevance in addition to resolving any contemporaneous objections raised by the parties and will explain the rational for any evidentiary rulings.
In the event that any party or witness refuses to attend the hearing, or attends but refuses to submit to questioning by the parties’ advisors, the statements of that party or witness, as the case may be, whether given during the investigation or during the hearing, will not be considered by the hearing officer in reaching a determination of responsibility.
The hearing officer will not draw an inference about the determination regarding responsibility based solely on a party or a witness’s absence from the live hearing and/or refusal to submit to questioning by the parties’ advisors.
After the hearing is complete, the hearing officer will objectively evaluate all relevant evidence collected during the investigation, including both inculpatory and exculpatory evidence, together with testimony and non‑testimony evidence received at the hearing, and ensure that any credibility determinations made are not based on a person’s status as a Complainant, Respondent, or witness. The hearing officer will take care to exclude from consideration any evidence that was ruled inadmissible at the pre‑hearing conference, during the hearing, or by operation of “Subjection to Questioning.” The hearing officer will resolve disputed facts using a preponderance of the evidence (that is, “more likely than not”) standard and reach a determination regarding whether the facts that are supported by a preponderance of the evidence constitute one or more violations of this policy as alleged in the Formal Complaint.
In the event the hearing officer determines that the Respondent is responsible for violating this policy, the hearing officer will, before issuing a written decision, consult with an appropriate University official with disciplinary authority over the Respondent and such official will determine any discipline to be imposed. The hearing officer will also, before issuing a written decision, consult with the Title IX Coordinator who will determine whether and to what extent ongoing support measures or other remedies will be provided to the Complainant.
After reaching a determination and consulting with the appropriate University official and Title IX Coordinator as required by “Discipline and Remedies,” the hearing officer will prepare a written decision. The hearing officer’s written determination will be transmitted to the parties. This transmission concludes the hearing process, subject to any right of appeal.
Although the length of each adjudication by hearing will vary depending on the totality of the circumstances, the University strives to issue the hearing officer’s written determination within fourteen (14) days of the conclusion of the hearing.
Either party may appeal the determination of an adjudication, or a dismissal of a Formal Complaint, on certain listed grounds. one or more of the following grounds:
- A procedural irregularity affected the outcome;
- There is new evidence that was not reasonably available at the time the determination or dismissal was made that could have affected the outcome;
- The Title IX Coordinator, investigator, hearing officer, or administrative officer, as the case may be, had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome.
No other grounds for appeal are permitted.
A party must file an appeal within seven (7) days of the date they receive notice of dismissal or determination appealed from or, if the other party appeals, within five (5) days of the other party appealing, whichever is later. The appeal must be submitted in writing to the designated appeal officer. When the case involves a faculty respondent, the appeal officer is the Chief Financial Officer (Gerald Moench, Gerald.Moench@Rockhurst.edu). In all other situations, the appeal officer is the Provost and Senior Vice President for Academic Affairs (Dr. Douglas Dunham, Douglas.Dunham@Rockhurst.edu). When an absence or conflict of interest makes it impossible for the designated appeal officer to resolve the appeal, the other appeal officer may resolve the appeal in place of the designated appeal officer. Either appeal officer may also designate this responsibility to another administrator should both appeal officers be absent or have a conflict of interest. The appeal must specifically identify the determination and/or dismissal appealed from, articulate which one or more of the three grounds for appeal are being asserted, explain in detail why the appealing party believes the appeal should be granted, and articulate what specific relief the appealing party seeks.
Promptly upon receipt of an appeal, the appeal officer will conduct an initial evaluation to confirm that the appeal is timely filed and that it invokes at least one of the permitted grounds for appeal. If the appeal officer determines that the appeal is not timely, or that it fails to invoke a permitted ground for appeal, the appeal officer will dismiss the appeal and provide written notice of the same to the parties.
If the appeal officer confirms that the appeal is timely and invokes at least one permitted ground for appeal, the appeal officer will provide written notice to the other party that an appeal has been filed and that the other party may submit a written opposition to the appeal within seven (7) days. The appeal officer shall also promptly obtain from the Title IX Coordinator any records from the investigation and adjudication necessary to resolve the grounds raised in the appeal.
Upon receipt of any opposition, or after the time period for submission of an opposition has passed without one being filed, the appeal officer will promptly decide the appeal and transmit a written decision to the parties that explains the outcome of the appeal and the rationale.
The determination of a Formal Complaint, including any discipline, becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the appeal officer has resolved all appeals, either by dismissal or by transmittal of a written decision.
No further review beyond the appeal is permitted.
Although the length of each appeal will vary depending on the totality of the circumstances, the University strives to issue the appeal officer’s written decision within thirty (30) days of an appeal being filed.
This is a summary of procedures under the Sexual Harassment Policy, and a full description of these procedures can be found at https://www.rockhurst.edu/about/human-resources/sexual-misconduct-prevention-response/policy.
- Rockhurst’s code of conduct disciplinary process is used for cases not involving sexual misconduct by students (including cases of dating violence, domestic violence, sexual assault, and stalking that do not have a sexual component or cases where the conduct alleged falls outside the scope of the Sexual Harassment Policy). This process will commence when an incident is brought to the attention of the Associate Dean of Students. The Associate Dean of Students, or designee, will investigate the allegations to determine if there is cause to believe there is merit to the charge and, if so, whether the charge can be resolved by mutual written consent of the parties involved on a basis acceptable to the University. If not resolved through written mutual consent, the complaint is resolved through a hearing before a Hearing Examiner or a 3-person Hearing Committee. A Hearing Committee (as opposed to a single Hearing Examiner) typically hears cases involving situations where the Associate Dean of Students believes more serious discipline (e.g., suspension or expulsion) may be the outcome. Notices of the hearing will typically be provided at least seven calendar days before a hearing is to occur. Following a decision by the Hearing Examiner or Hearing Committee, sanctions are implemented if necessary. Parties have appeal rights under this disciplinary process, and such an appeal must be filed with the Dean of Students within three business days after notification of the previous hearing decision. The Dean of Students or designee then convenes a 3-person Board of Appeals to review the appeal as expeditiously as possible and make a final determination on the matter. When implementing these procedures, the University ensures that the entitlements of the parties listed in the next section are incorporated into the process.
- Rockhurst’s regular employee and faculty procedures (which will be used in situations where an allegation of dating violence, domestic violence, or stalking without a sexual component is made against an employee or faculty member) provide significant flexibility for the University to investigate and resolve the situation as it deems appropriate based on the circumstances involved. An additional process is also available to faculty members who are going to be suspended or terminated for conduct issues. When implementing these procedures, the University ensures that the entitlements of the parties listed in the next section are incorporated into the process.
Rights of the Parties in an Institutional Proceeding
During the course of the process described in the previous section, both the accuser and the individual accused of the offense are entitled to:
- A prompt, fair and impartial process from the initial investigation to the final result.
- A prompt, fair and impartial process is one that is:
- Completed within reasonably prompt timeframes designated by the institution’s policy, including a process that allows for the extension of timeframes for good cause, with written notice to the accuser and the accused of the delay and the reason for the delay.
- Conducted in a manner that:
- Is consistent with the institution’s policies and transparent to the accuser and the accused.
- Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
- Provides timely access to the accuser, the accused and appropriate officials to any information that will be used during the informal and formal disciplinary meetings and hearings.
- Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
- A prompt, fair and impartial process is one that is:
- Proceedings conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- The University’s Title IX Coordinator Ms. Kimberly Brant Schmelzle, and other members of the University’s Title IX response team received Title IX Coordinator/Investigator/Hearing Officer/Advisor Training in September 2020, prepared by legal counsel Husch Blackwell.
- Though not currently a practicing attorney in her role as Title IX Coordinator at the University, Mrs. Schmelzle is a licensed attorney in Missouri and Kansas that has practiced both as a civil attorney and as a prosecutor handling domestic violence, sexual assault and stalking cases prior to joining the University. In addition to her past on-job training, Mrs. Schmelzle has received Child First Protocol training. Also, in the past three years, Ms. King has participated in several Title IX/VAWA-related training provided by the National Association of College and University Attorneys (NACUA) and several important pieces of the instruction supplied by the law firm Husch Blackwell’s higher education team. Some of the topics covered at these trainings include:
- Husch Blackwell-The Impact of Title IX Regulations on Faculty and Employees; NASPA webinar on new Title IX regulations, NACUA Title IX regulations Briefing; NACUA Title IX: Department of Education’s Final Rules on Sexual Harassment; Husch Blackwell Before New Title IX Rules Drop; NACUA Compliance conference-Department of Education’s Notice of Proposed Rulemaking on Title IX. Annual KC Labor and Employment Seminar 2018, 2019 and 2020 sponsored by Husch Blackwell which included Title IX, Regulations and their Effect on your Campus
- The University’s Title IX Coordinator Ms. Kimberly Brant Schmelzle, and other members of the University’s Title IX response team received Title IX Coordinator/Investigator/Hearing Officer/Advisor Training in September 2020, prepared by legal counsel Husch Blackwell.
- The same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The institution may not limit the choice of advisor, but may establish limits regarding the extent to which that advisor may participate in the proceeding, as long as those limits apply equally to both parties.
- Have the outcome determined using the preponderance of the evidence standard.
- Simultaneous, written notification of the results of the proceeding, any procedures for either party to appeal the result, any change to the result, and when the result becomes final. For this purpose, “result” means “any initial, interim and final decision by an official or entity authorized to resolve disciplinary matters” and must include the rationale for reaching the result and any sanctions imposed.
Possible Sanctions or Protective Measures that the University May Impose for Dating Violence, Domestic Violence, Sexual Assault, or Stalking Offenses
- Following a final determination in the University’s disciplinary proceeding that one of the above offenses has been committed, the University may impose penalties depending on mitigating and aggravating circumstances involved. For employees, potential sanctions include progressive discipline, counseling, limitations on activities or access to certain events or facilities, training, separation of the parties, written reprimand, no trespass orders, probation, suspension, demotion, or termination. For students, potential sanctions include limitations on activities or access to certain events or facilities, mandated educational programming or training, fines, restitution, delaying or postponing honors or degrees, counseling, mental health assessment, suspension or termination of student employee job or leadership positions, community service, written apologies, reflective paper, separation of the parties, no-trespass orders, written reprimand, full or partial housing bans, probation, suspension, and expulsion, conditions upon re-enrollment after suspension or expulsion.
Student suspensions from the University result in the exclusion of the student from participating in any academic or non-academic activity of the University for a stated period of time. A suspension is typically for one term or one academic year but can be longer depending on the seriousness of the offense. To be considered for re-admission, suspended students must reapply for admission to the University and be in full compliance with any and all conditions imposed by the Title IX office or Disciplinary Hearing Committee (whichever applies).
Employee suspensions from the University result in the exclusion of the employee from participating in any job-related functions or activities, academic or non-academic activity of the University for a stated period of time. A suspension is typically for one term or one academic year but can be longer depending on the seriousness of the offense. To be considered for return to job duties, suspended employees must be in full compliance with any and all conditions imposed by the Title IX office and/or the Human Resource Office.
In addition, the University can make available to the victim a range of protective measures. They include: forbidding the accused from entering the victim’s residence hall and from communicating with the victim, other institutional no-contact orders, security escorts, modifications to academic requirements or class schedules, changes in working situations, etc.
Publicly Available Recordkeeping
The University will complete any publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifiable information about victims of dating violence, domestic violence, sexual assault, and stalking who make reports of such to the University to the extent permitted by law.
Victims to Receive Written Notification of Rights
When a student or employee reports to the University that he or she has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off-campus, the University will provide the student or employee a written explanation of his or her rights and options as described in the paragraphs above.
Sex Offender Registration Program
The Campus Sex Crimes Prevention Act of 2000 requires institutions of higher education to advise members of the campus community where they can obtain information provided by the state concerning registered sex offenders. It also requires sex offenders to notify the state of each institution of higher education in the state at which they are employed or enrolled or carrying on a vocation. The state is then required to notify the University of any such information it receives. Anyone interested in determining whether such persons are on this campus may do so by contacting the Chief of Department of Safety and Security at 816-501-4659. State registry of sex offender information may be accessed at the following link: http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/SOR/SORPage.html
Timely Warnings and Emergency Response
Timely Warnings
In the event of criminal activity occurring either on campus or off campus that in the judgment of the Dean of Students/Vice President, University’s Title IX Coordinator, and the Chief of Department of Safety and Security constitutes a serious or continuing threat to members of the campus community, a campus-wide “timely warning” will be issued. Examples of such situations may include a sexual assault or a series of motor vehicle thefts in the area that merit a warning because they present a continuing threat to the campus community. Warnings will be communicated to students and employees via one or more of the methods discussed later in this section. Updates to the warnings will be provided as appropriate.
Anyone with information warranting a timely warning should immediately report the circumstances to:
- The Chief of Department of Safety and Security, 816-501-4010
- Dispatch Communication Center, 816-501-4010
- Director of Residence Life/Associate Vice President for Student Development, 816-501-4843
- University’s Title IX Coordinator, 816- 501-4036
- Dean of Students/Vice President for Student Development & Athletics, 816-501-4030
The University has communicated with local law enforcement asking them to notify the University if it receives reports or information warranting a timely warning.
Emergency Response
The University has an emergency management plan designed to ensure there is a timely and effective response in the event of a significant emergency or dangerous situation occurring on campus involving an immediate threat to the health or safety of members of the campus community. Such situations include, but are not limited to: tornadoes, bomb threats, chemical spills, disease outbreaks, fires, active shooters, etc. The University has communicated with local police requesting their cooperation in informing the University about situations reported to them that may warrant an emergency response.
Students, staff, and visitors are encouraged to notify the Chief of the Department of Safety and Security at 816-501-4010 of any emergency or potentially dangerous situation.
If the report of the emergency does not come from an authoritative source (such as law enforcement, weather station, or health agency), the Rockhurst University Department of Safety and Security will respond immediately to determine the type and extent of the emergency. That information will be directed to the Department of Safety and Security Dispatch Center, where it will then be forwarded to the Chief of Department of Safety Security and other designated University officials in the Emergency Operations Plan. They will convene, initially by phone and ultimately in the Incident Command Post according to the Rockhurst University Emergency Operations Plan, which conforms to the requirements contained in FEMA’s National Incident Management System (NIMS).
When an emergency happens, a response is guided by the Emergency Operations Plan of the university.
- Response to campus emergencies is carried out by a First Responder Department. In most cases, the first responder will be the University’s Department of Safety and Security, who will evaluate the incident, make the determination that an emergency exists by evaluating the casualties, possible danger to others because of the situation (damaged buildings, active shooter, power failure, flood etc.).The first responders will then facilitate the contact of outside responders, carry out first aid and other immediate emergency response procedures, including the activation of the university’s Emergency Operations Plan.
- A message to the campus will be disseminated as rapidly as needed. Either an emergency alert (action information) or an emergency notification (non-action communication for information only) will be created. After choosing which message to send, a decision will be made as to the audience that it will be sent (in some situations, only a segment of the campus community may need to receive a notification, as determined by the appropriate University officials).
- An alert officer (four are available) is then contacted and directed to send the message to the audience. After the first fifteen minutes, the Emergency Operations Staff convenes and begins working on the situation. Additional updates will flow from the Incident Command Post under the guidance of the Incident Commander, Liaison Officer, Public Information Team Leader, and the Safety Officer. Information will continue to be presented by the Alert Officers as directed by the Public Information Officer.
- The University will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist the victim or to contain, respond to or to otherwise mitigate the emergency.
- Formulating the content of the notification to be disseminated to the campus community on an ongoing basis after the first fifteen minutes will be done using the following criteria:
- Description of events that have occurred: tornado, fire, explosion with a damage estimate including the extent of the crisis. Active shooter or hostage situation with instructions to Run, Hide, Fight. Including casualty reports and damage estimates. Should also include other problems, such as gas main, water main or electrical problems that impact the situation. Information on damage to or casualties in the city or immediate area should be included.
- Details of how members of the campus community should respond to the situation; for example, in the event of a tornado warning, the campus will be notified via city-wide siren activation, bell tower alert tone, textcaster messaging, campus email. Fire alarms will sound in the event of a fire. All buildings are equipped with fire, tornado evacuation procedures, and with Run, Hide, Fight Instructions in the event of an armed intruder.
- Run, Hide, Fight – This is the recommended method of the Rockhurst Department of Safety and Security for informing the campus on what measures to take in the event of an armed intruder. The meaning of Run, Hide, Fight is illustrated in the below diagram:
|
Run |
Hide |
Fight |
|---|---|---|
|
Have an escape route and plan in mind |
Hide in an area out of the shooter's view |
As a last resort and only when |
|
Leave your belongings behind |
Block entry to your hiding place |
Act with aggression and throw items |
|
Keep our hands visible |
Silence your cell phone and/or pager |
Attempt to incapacitate the shooter |
The Chief of the Department of Safety and Security will direct the issuance of emergency notifications, which will be accomplished using one or more of the methods discussed later in this section, depending on the nature of the threat and the segment of the campus community being threatened.
If determined necessary based on the circumstances, the University’s Department of Safety and Security will notify local law enforcement of the emergency if they are not already aware of the event. Local media outlets may be notified by local law enforcement to inform the larger community (outside the campus) of the emergency.
The President’s Office, the Office of Public Relations and Marketing, the Academic Dean’s Office, and the Dean of Students’ Office will notify other campus constituents of the emergency and its ongoing requirements. These include but are not limited to the following: Board of Trustees, Regents, Parents, other relevant organizations, and institutions in the surrounding area.
Methods for Issuing Timely Warnings and Emergency Notifications
The method(s) listed below may be utilized when the University issues a timely warning or emergency notification to the campus community.
|
Method |
Sign-Up Instructions |
|---|---|
|
Security Notices via email |
N/A |
|
Three main residence halls, McGee, Corcoran, |
N/A |
|
CampusEye Mobile Phone App |
Free service to University. Sign up by downloading software from your mobile app store. |
|
Rockalerts Notification System |
This is a free service. Sign up at: https://my.textcaster.com/asa/Default.aspx?ID=5cf7b002-2ca8-44c7-8f98-4719cd463412 |
Testing & Documentation
Testing Emergency Procedures, Training & Documentation
- Emergency Operations Plan (EOP) is reviewed annually and updated as needed.
- Delivery of emergency information to campus is tested at least once per semester; includes text messaging, bell tower, selected code blue towers, and other P.A. Announcements, campus email. These are announced tests and a record describing how the test was conducted. The date and time of the test are on file in the Department of Safety and Security.
- Tabletop exercise of a selected emergency - This is an announced exercise with an invited participant list. A record of the exercise, including what was involved and an evaluation of its effectiveness along with the date and time of the exercise, are kept on file in the Department of Safety and Security.
- Fire Drills in all campus buildings once each fall - Tornado drills in all campus buildings once each Spring. Residence hall fire drills once per semester. Drill records on file in the Department of Safety and Security. Fire drills are announced by date and day. The time of the drill is never announced. The location, date, day, and time of the drill are recorded as well as information on the exercise itself (how long did evacuation take). It is then kept on file in the security office.
- Members of the Emergency Response Teams, including all members of the Incident Command System as outlined in the EOP (Emergency Operations Plan) receive annual training on the EOP.
The Chief of the Department of Safety and Security maintains a record of these tests and training exercises, including a description of them, the dates and times they were held, and an indication of whether they were announced or unannounced. In connection with at least one such test, the University will distribute to its students and employees information to remind them of the University’s emergency response and evacuation procedures.
Missing Student Policy
If a member of the University community has reason to believe that a student who resides in on-campus housing is missing, that information should be reported immediately to the Dean of Students/Vice President at 816-501-4030 and the Chief of Safety and Security at 816-501-4010. Anyone receiving a missing student report will immediately notify campus security (or local law enforcement, if necessary) so that an investigation can be initiated.
In addition to registering a general emergency contact, students residing in on-campus housing have the option to identify confidentially an individual to be contacted by the University only in the event the student is determined to be missing for more than 24 hours. If a student has identified such an individual, the University will notify that individual no later than 24 hours after the student is determined to be missing. The option to identify a contact person in the event the person is determined missing is in addition to identifying a general emergency contact person, but they can be the same individual for both purposes. A student’s confidential contact information will be accessible only by authorized campus officials and law enforcement in the course of the investigation.
Rockhurst University follows the procedure outlined below whenever a student WHO RESIDES in a campus residential facility is reported to be missing for 24 hours. If the circumstances of the disappearance are such that a student’s well-being is possibly in jeopardy, a missing person investigation can be commenced more quickly.
A student can be reported missing to any of the following campus officials:
- Campus Department of Safety and Security, red phone, code blue phone, or dialing ext. 4010. A cell phone can be used to contact via (816) 501-4659
- Kansas City, Missouri Police Department. 911
- Vice President for Student Development and Dean of Students, ext. 4127
- Associate Dean of Students – Residence Life, ext. 4843
- Associate Dean of Students-Director of New Students/Retention, ext. 4869
- Residence Life Staff, including
- Assistant Director, Residence Life/Conference Services, ext. 4126
- Assistant Director, Residence Life/Multi-Cultural Education Coordinator, ext. 3571
- Any residence hall, THV or OCH Resident Director
- Any residence hall, THV, or OCH residence advisors
- Director of Student Life, ext. 4541
- Assistant Director of Student Life, ext. 4398
- Counseling Center Staff, ext. 4275
- Campus Ministry Staff, ext. 4063
- Learning Center Staff, ext. 4052
- Deans Office (Arts & Science)ext. 4075
- Deans Office (H.S.O.M)ext. 4122
- Deans Office (G.PS.)ext. 4581
Note: Anyone can receive information on a missing student, including other students. Whoever receives information needs to report the information to the Department of Safety and Security immediately.
All students residing in campus residential facility (McGee, Corcoran, Xavier-Loyola, THV, Rock Row, or any OCH) have the option of identifying a confidential contact person or persons whom Rockhurst will contact within 24 hours of the determination that a student is missing, if the student is determined missing by the Rockhurst Department of Safety and Security or the Kansas City, Missouri Police Department. This is different from the normal emergency contact that a student may list.
- To protect confidentiality, general emergency contact information will not be used to make a missing student notification. Although a student may use the same person for both purposes, the student must still specifically exercise the option of identifying a confidential contact person for notification in the event the student goes missing.
- Contact information provided by students will be registered confidentially and will be accessible only to authorized campus officials (Rockhurst Security, Rockhurst Administration). The information will not be disclosed, except to law enforcement personnel in the furtherance of the missing person’s investigation.
- Students are advised that if they are under 18 years of age and are not emancipated, the institution must notify a custodial parent or guardian within 24 hours of the determination that the student is missing, in addition to notifying any additional contact person designated by the student.
- The institution will notify the Kansas City, Missouri Police Department within 24 hours of the determination that the student is missing, unless the Kansas City, Missouri Police Department was the entity that made the determination that a student is missing.
Missing Student Notification Procedures
- If someone reports that a student who resides on campus is missing, a missing person report will be completed by the Department of Safety and Security Immediately.
- If the Department of safety and Security Determines that the student has been missing for 24 hours. Or the circumstances indicate a student is in jeopardy even under that time frame; the following specific procedures will be followed:
- If a student has a designated contact person, they will be notified within 24 hours
- If a student is under 18 years old and is not emancipated, their custodial parent or guardian and any other designated contact person will be notified within 24 hours.
- Regardless of whether the student has identified a contact person, is above the age of 18, or is an emancipated minor, the Kansas City, Missouri Police Department will be notified when it has been determined that a student has been missing for 24 hours.
Crime Statistics
The statistical summary of crimes for this University over the past three calendar years is as follows:
Clery Act Crimes Chart 2020
|
Criminal Offenses |
Location |
2017 |
2018 |
2019 |
|---|---|---|---|---|
|
Murder/Non-Negligent Manslaughter |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Negligent Manslaughter |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Robbery |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
1 |
|
|
Public Property |
1 |
0 |
0 |
|
|
Total |
1 |
0 |
1 |
|
|
Aggravated Assault |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Burglary |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Motor Vehicle Theft |
On-Campus |
0 |
0 |
1 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
1 |
1 |
|
|
Public Property |
2 |
0 |
0 |
|
|
Total |
2 |
1 |
2 |
|
|
Arson |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
Sex Offenses |
Location |
2017 |
2018 |
2019 |
|---|---|---|---|---|
|
Rape |
On-Campus |
1 |
7 |
1 |
|
*Student Housing |
1 |
7 |
1 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
1 |
7 |
1 |
|
|
Fondling |
On-Campus |
3 |
7 |
1 |
|
*Student Housing |
2 |
6 |
1 |
|
|
Non-Campus |
1 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
3 |
7 |
1 |
|
|
Incest |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Statuatory Rape |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Sex Offense Totals |
On-Campus |
4 |
14 |
2 |
|
*Student Housing |
3 |
13 |
2 |
|
|
Non-Campus |
1 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
5 |
14 |
2 |
|
Violence Against Women Acts |
Location |
2017 |
2018 |
2019 |
|---|---|---|---|---|
|
Domestic Violence |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Dating Violence |
On-Campus |
1 |
1 |
2 |
|
*Student Housing |
1 |
1 |
2 |
|
|
Non-Campus |
0 |
1 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
1 |
2 |
2 |
|
|
Stalking |
On-Campus |
1 |
0 |
2 |
|
*Student Housing |
0 |
0 |
2 |
|
|
Non-Campus |
0 |
1 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
1 |
1 |
2 |
|
|
Violence Against Women Acts Totals |
On-Campus |
2 |
1 |
4 |
|
*Student Housing |
1 |
1 |
4 |
|
|
Non-Campus |
0 |
2 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
2 |
3 |
4 |
|
Disciplinary Referrals |
Location |
2017 |
2018 |
2019 |
|---|---|---|---|---|
|
Weapons Violation |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Drug Violation |
On-Campus |
6 |
7 |
0 |
|
*Student Housing |
6 |
7 |
0 |
|
|
Non-Campus |
1 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
7 |
7 |
0 |
|
|
Liquor Law Violation |
On-Campus |
90 |
111 |
59 |
|
*Student Housing |
88 |
95 |
59 |
|
|
Non-Campus |
4 |
10 |
9 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
94 |
111 |
68 |
|
|
Unfounded |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
Arrests |
Location |
2017 |
2018 |
2019 |
|---|---|---|---|---|
|
Weapons Violation |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
0 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
0 |
0 |
0 |
|
|
Drug Violation |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
1 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
1 |
0 |
0 |
|
|
Liquor Law Violaton |
On-Campus |
0 |
0 |
0 |
|
*Student Housing |
0 |
0 |
0 |
|
|
Non-Campus |
1 |
0 |
0 |
|
|
Public Property |
0 |
0 |
0 |
|
|
Total |
1 |
0 |
0 |
In 2020, the U.S. Department of Education changed its guidance on how universities should interpret reporting requirements of the Clery Act. Subject to the new guidance, this table has been updated to set forth the number of arrests or disciplinary referrals for violations of liquor, drug or weapons laws, and does not include disciplinary referrals in which there was no violation of law (i.e., it does not include students whose conduct may have violated University policies but whose conduct did not violate liquor, drug or weapons laws). Accordingly, the numbers of disciplinary referrals as previously reported for calendar years 2018 were updated to exclude referrals in which there was no violation of law. As a result, the number of disciplinary referrals for drug law violations occurring On-Campus was changed from 20 to 7, and the number of such referrals occurring in On-Campus Student Housing Facilities was changed from 19 to 7 in 2018.
*On-Campus Student Housing Facilities statistics are a subset of the On-Campus statistics, i.e., they are counted in both categories.
Hate crimes:
2019: No hate crimes reported.
2018: No hate crimes reported.
2017: No hate crimes reported.
Crimes unfounded by the University:
2019: 0 unfounded crimes.
2018: 0 unfounded crimes.
2017: 0 unfounded crimes.
Statistics for unfounded crimes provided by law enforcement agencies:
2019: 0 unfounded crimes.
2018: 0 unfounded crimes.
2017: 0 unfounded crimes.
Data from law enforcement agencies:
- The data above reflects statistics provided by law enforcement agencies related to crimes that occurred on the University’s Clery Geography.
- The University was provided with some crime data from law enforcement agencies for which it cannot be determined whether any of the statistics apply to or include the University’s Clery Geography.
- Certain law enforcement agencies did not comply with the University’s request for crime statistics.
Annual Fire Safety Report
Housing Facilities and Fire Safety Systems
The University maintains on-campus housing for its students. These facilities were built at different times and have a variety of fire safety systems installed within them. Periodically the University also conducts fire drills. The following chart lists each housing facility, the fire safety system or systems within it and the number of fire drills conducted during the previous calendar year.
Campus: Rockhurst University, 1100 Rockhurst Rd, Kansas City, MO 64110-2561
|
Facility |
Fire Alarm Monitoring Done on Site |
Partial Sprinkler System |
Full Sprinkler System |
Smoke Detection |
Fire Extinguisher Devices |
Evacuation Plans & Placards |
Number of evacuation (fire) drills |
|---|---|---|---|---|---|---|---|
|
Corcoran Hall, 1321 Rockhurst Rd |
X |
|
|
X |
X |
X |
2 |
|
McGee Hall, 5314 Forest Ave |
X |
|
|
X |
X |
X |
2 |
|
Xavier Loyola Hall, 1334 E 53rd St |
X |
|
|
X |
X |
X |
2 |
|
THV Com. Center, 1411 Rockhurst Rd |
|
|
|
X |
X |
X |
0 |
|
THV 100, 1403 Rockhurst Rd |
|
|
|
X |
X |
|
2 |
|
THV 200, 1405 Rockhurst Rd |
|
|
|
X |
X |
|
2 |
|
THV 300, 1407 Rockhurst Rd |
|
|
|
X |
X |
|
2 |
|
THV 400, 1409 Rockhurst Rd |
|
|
|
X |
X |
|
2 |
|
Jesuit Res A +, 5133 Forest |
|
|
|
X |
X |
|
0 |
|
Jesuit Res B +, 5138 Tracy |
|
|
|
X |
X |
|
2 |
|
1300 Rockhurst Rd |
|
|
|
X |
X |
|
0 |
|
OCH, 1302 Rockhurst Rd |
|
|
|
X |
X |
|
0 |
|
OCH, 5104 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5106 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5107 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5110 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5111 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5112 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5118 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5119 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5125 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5126 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5129 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5404 Forest #A |
|
|
|
X |
X |
|
0 |
|
OCH, 5404 Forest #B |
|
|
|
X |
X |
|
0 |
|
OCH, 5404 Forest #C |
|
|
|
X |
X |
|
0 |
|
OCH, 5404 Forest #D |
|
|
|
X |
X |
|
0 |
|
OCH, 5410 Forest #A |
|
|
|
X |
X |
|
0 |
|
OCH, 5410 Forest #B |
|
|
|
X |
X |
|
0 |
|
OCH, 5410 Forest #C |
|
|
|
X |
X |
|
0 |
|
OCH, 5410 Forest #D |
|
|
|
X |
X |
|
0 |
|
OCH, 5414 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5424 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5426 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5428 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5430 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5433 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5434 Forest #A Duplex |
|
|
|
X |
X |
|
0 |
|
OCH, 5434 Forest #B Duplex |
|
|
|
X |
X |
|
0 |
|
OCH, 5400 Tracy |
|
|
|
X |
X |
|
0 |
|
OCH, 5416 Tracy |
|
|
|
X |
X |
|
0 |
|
OCH, 5423 Tracy |
|
|
|
X |
X |
|
0 |
|
OCH, 5410 Virginia |
|
|
|
X |
X |
|
0 |
|
OCH, 5413 Virginia |
|
|
|
X |
X |
|
0 |
|
OCH, 5419 Virginia |
|
|
|
X |
X |
|
0 |
|
OCH, 1314 Rockhurst Rd |
|
|
|
X |
X |
|
0 |
|
OCH, 1330 Rockhurst Rd |
|
|
|
X |
X |
|
0 |
|
OCH, 5128 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5130 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5132 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5135 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5421 Forest #A Duplex |
|
|
|
X |
X |
|
0 |
|
OCH, 5421 Forest #B Duplex |
|
|
|
X |
X |
|
0 |
|
OCH, 5447 Forest |
|
|
|
X |
X |
|
0 |
|
OCH, 5427 Tracy |
|
|
|
X |
X |
|
0 |
|
OCH, 5437 Tracy |
|
|
|
|
X |
X |
0 |
Policies on Portable Appliances, Smoking, and Open Flames
On-Campus Student Housing Facility-Fire Regulations
- Restricted Appliances: University fire, safety, and sanitation regulations prohibit the use of certain items and appliances in the residence rooms. Items not allowed are: Exposed heating coils (i.e., hot plates and toaster ovens), extension cords, air conditioners, waterbeds, ceiling fans, Christmas Lights, and halogen lamps.
- Residence Hall Rooms are not designed for cooking. Only small appliances with completely enclosed coils are permitted (i.e., hot pots, coffee pots, and George Foreman Grills). You are encouraged to plug your appliances into an outlet strip with a breaker that is U.L. Approved. The University is not responsible for damage to appliances due to power outages or surges. We recommend the purchase of a surge protector for computer and stereo equipment.
- Residents/guests are not allowed to tamper with or disarm any smoke detector or fire safety device in any residence hall room, THV Unit, OCH Unit, including any common area. P. 139, Student Planner.
- Smoke/Tobacco-Free Facilities: All residential facilities are considered smoke and tobacco-free. No smoking is allowed in any facility. This includes the individual rooms, apartments, bathroom/shower facilities, and public areas. Violation will result in a minimum of a monetary fine. All buildings have posted signage notifying residents and guests of appropriate distances smoking is allowed from on-campus buildings.
- Open Flames: No open flames of any type are permitted. Candles (or decorative candles) are not allowed for any reason. The burning of incense and the possession of combustible chemicals are strictly prohibited. Grills provided by the University may only be used in the Townhouse Village with the exception of grills used by the occupants of an On-Campus House-OCH. Portable grills are allowed at the On-Campus Houses, but must be kept outside and not used under any porch, balcony, or roof overhang and must be at minimum five (5) feet from the sides of any house. Fire pits are not permitted on campus property.
Fire Evacuation Procedures
All traditional residence halls, McGee, Xavier-Loyola and Corcoran have evacuation maps posted in each building and on each resident’s door. Written evacuation instructions are located at every elevator landing or stairwell on each floor. Townhouse Village and On-Campus Housing residents are instructed upon move-in to familiarize themselves with all evacuation points on their individual THV Unit and every OCH House.
In the event of a fire, the University expects that all campus community members will evacuate by the nearest exit, closing doors and activating the fire alarm system (if one is nearby) as they leave (or contact security using a red phone, code blue phone, dialing 4010 from any on-campus phone, or dialing 816-501-4010 by cell phone). If circumstances permit at the time of the alarm, additional instructions will be given regarding where students and/or staff are to relocate.
Fire Education and Training Programs
Fire safety education programs for all residents of on-campus student housing and all employees with responsibilities related to that housing are held at the beginning of each academic year as part of orientation. Their purpose is to: familiarize everyone with the fire safety system in each facility, train them on procedures to follow if there is a fire and inform them of the University’s fire safety policies. Information distributed includes maps of each facility’s evacuation route and any fire alarms and fire suppression equipment available in the facility. Attendees are advised that participation in fire drills is mandatory and any student with a disability is given the option of having a “buddy” assigned to assist him or her. Additional instructions are given during fire drills.
Reporting Fires
The University is required to disclose each year's statistical data on all fires that occurred in on-campus student housing facilities. When a fire alarm is pulled and/or the fire department responds to a fire, these incidents are captured. However, there may be instances when a fire is extinguished quickly and an alarm is not pulled or a response by the fire department was not necessary. It is important that these incidents be recorded as well. Therefore, if you are aware of such a fire, see evidence of one or hear about one, you should contact the following: Chief of Safety and Security at 816-501-4010. When notifying the Chief of Safety and Security about a fire as much information as possible about the location, date, time and cause of the fire should be provided.
Plans for Future Improvements
The University periodically reviews its fire safety protections and procedures. At this time, it has no plans for future improvements.
Fire Statistics
Rockhurst University
2019
No fires were reported in 2019.
2018
No fires were reported in 2018.
2017
No fires were reported in 2017.
Saint Luke's College of Health Sciences Security Report
Saint Luke's College of Health Sciences
2020 ANNUAL SECURITY REPORT
Introduction
This report is provided in compliance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended. It provides students and employees of Saint Luke’s College of Health Sciences. (“St. Luke’s”) with information on: the University’s security arrangements, policies and procedures; programs that provide education on such things as drug and alcohol abuse, awareness of various kinds of sex offenses, and the prevention of crime generally; and procedures the University will take to notify the St. Luke’s campus community in the event of an emergency. Its purpose is to provide students and employees with information that will help them make informed decisions relating to their own safety and others’ safety.
Policy for Preparing the Annual Report
Policy for Preparing the Annual Report
This report is prepared by the Tere Naylor and Chief of the Department of Safety and Security of Rockhurst University in cooperation with local law enforcement authorities and includes information provided by them as well as by the College’s campus security authorities and various other elements of the College. Each year an email notification is made to all enrolled students and employees that provide the website link to access this report. Prospective students and employees are also notified of the report’s availability. Hard copies of the report may also be obtained at no cost by contacting Tere Naylor, Director of Institutional Effectiveness, Saint Luke’s College of Health Sciences, 624 Westport Road, Kansas City, MO 64111.
The College is committed to taking the actions necessary to provide a safe and secure working/learning environment for all students and staff. As a member of the campus community, you can feel safe and comfortable knowing that security procedures are in place that represents best practices in the field and is continuously tested and re-evaluated for their effectiveness.
NOTE: During May 2020, Saint Luke’s College of Health Sciences merged with Rockhurst University. Accordingly, although Rockhurst University assisted with this report’s narrative, Saint Luke’s College of Health Sciences was still an entity of Saint Luke’s Hospital for the calendar year of 2019. Once the merger was finalized, the links noted in various sections of this report were no longer supported/stored on Saint Luke’s Hospital systems. As of May 2020, the Saint Luke’s College of Health Sciences adopted all of Rockhurst University’s policies and is currently electronically supported by Rockhurst University. Hard copies of the report may also be obtained at no cost by contacting the Department of Safety and Security, 5401 Troost, Kansas City, Missouri 64110.
General Safety and Security Policies
Campus Security Personnel & Relationship with Local Law Enforcement
The Saint Luke’s Hospital (SLH) Security Department is responsible for campus safety at the Saint Luke’s College of Health Sciences.
SLH Security provides for the security, safety, crime prevention, and premise access on the campus 24 hours a day, seven days a week. The security department’s patrol area consists of the Saint Luke’s College campus, 624 Westport Road (and 452 Bridger Road – Allen Village High School Parking area), and Saint Luke’s Hospital Plaza. SLH Security officers have the authority to make arrests. They also will ask persons for identification to determine whether individuals have lawful business on the Saint Luke’s College of Health Sciences campus and may issue parking citations
While the St. Luke’s Security Department does not have any written agreements with local law enforcement agencies, it does maintain a close working relationship with local police.
Campus Security Authorities
The Saint Luke’s College of Health Sciences has designated certain officials to serve as campus security authorities at the St. Luke’s campus. Reports of criminal activity can be made to these officials. In turn, they will ensure that the crimes are reported for collection as part of the University’s annual report of crime statistics. The campus security authorities to whom the University would prefer that crimes be reported are listed below.
- Chief Student Affairs Officer at 816.936.8716
- Director of Institutional Effectiveness at 816.936.8726
- Director of Bursar Operations at 816.936.8725
Reporting a Crime or Emergency
Saint Luke’s College of Health Sciences encourages accurate and prompt reporting of all criminal actions, emergencies, or other incidents occurring on campus, on other property owned by the College, or on nearby public property to the appropriate administrator and appropriate police agencies. Such a report is encouraged even when the victim of a crime elects not to make a report or is unable to do so.
- Situations that pose an imminent danger or while a crime is in progress should be reported to local law enforcement by calling 911 from any campus phone or cell phone. Keep in mind that the individual making the call from a cell phone will need to provide the address where the emergency has occurred.
- Students, staff, and visitors should report criminal actions, accidents, injuries, or other emergency incidents to one of the campus security authorities identified above. Once reported, the individual making the report will be encouraged to also report it to appropriate police agencies. If requested, a member of the College staff will assist a student in making the report to the police.
- Anonymous incident reports can also be made on the College’s main phone line.
Confidential Reporting
The University will protect the confidentiality of victims. Only those with a need to know the identity for purposes of investigating the crime, assisting the victim, or disciplining the perpetrator will know the victim’s identity.
Pursuant to the College’s Title IX Sexual Misconduct Policy, when an employee who is not a confidential resource becomes aware of alleged misconduct under that Policy (including, but not limited to, dating violence, domestic violence, sexual assault, and stalking), the employee is responsible for reporting that information, including the status of the parties if known, to the Title IX Coordinator. A victim of other types of crimes (e.g., aggravated assault, burglary, etc.) who does not want to pursue action within the College disciplinary system or the criminal justice system is nevertheless encouraged to make a confidential report to a campus security authority. Upon the victim’s request, a report of the details of the incident can be filed with the College without revealing the victim’s identity. Such a confidential report complies with the victim’s wishes, but still helps the College take appropriate steps to ensure the future safety of the victim and others. With such information, the College can keep an accurate record of the number of incidents involving members of the campus community, determine where a pattern of crime may be developing, and alert the community as to any potential danger. These confidential reports are counted and disclosed in the annual crime statistics for the College.
Saint Luke’s College of Health Sciences does not employ any pastoral or professional counselors and thus does not have procedures for these positions to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.
Security of and Access to Campus Facilities
Access to campus facilities is controlled at all times. The exterior doors are card access controlled 24/7. Enrolled students are issued identification badges from the IT department of the College. Identification badges must be worn at all times when students are at the St. Luke’s campus and all clinical practice environments. The identification badge is required for admittance into the building and to other controlled areas of the campus. Identification badges are not transferable, and the badge may not be loaned to anyone, and they must be returned when the student is no longer enrolled at the College. Saint Luke’s College of Health Sciences requires that all students vacate the building before 10:00 pm daily.
In order to provide a safe and positive learning environment for all students, children and/or guests are not allowed to accompany students to any learning setting. All visitors are to enter through the main entrance and sign in with the front desk.
SLH Security Officers make rounds of Saint Luke’s College of Health Sciences. After hours, persons found in buildings will be asked to show identification, and those in the buildings without proper authorization will be referred for disciplinary and/or criminal action.
Students and employees are asked to be alert and to not circumvent practices and procedures that are meant to preserve their safety and that of others:
- Do not prop doors open or allow strangers into campus buildings that have been secured
- Do not lend keys or access cards to non-students and do not leave them unattended
- Do not give access codes to anyone who does not belong to the campus community
Keys to the offices, laboratories, and classrooms on campus will be issued to employees only as needed and after receiving the proper authorization. Each department supervisor is responsible for assuring his/her area is secured and locked.
Employee and student identification cards may be used to verify the identity of persons suspected to be in campus facilities without permission.
Security Considerations in the Maintenance of Facilities
SLH Security Department and Facilities, together with the Director of Bursar Operations, work together to identify needs on the campus when maintaining campus facilities. They do safety checks to the exterior and interior lights that are not working, smoke detector testing, or landscaping that might need trimming. Anyone aware of a maintenance issue that presents a safety or security risk is encouraged to report it to Bursar Operations Director. Maintenance personnel regularly check to ensure pathways are well lighted and that egress lighting is working in hallways and stairwells.
Educational Programs Related to Security Awareness and Prevention of Criminal Activity
The Saint Luke’s College of Health Sciences seeks to enhance the security of its campus and the members of the campus community by periodically presenting educational programs to inform students and employees about campus security procedures and practices, to encourage students and employees to be responsible for their own security and the security of others and to inform them about the prevention of crimes. These programs are discussed below.
The first type of program consists of training to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others. A description of this training and the frequency of its presentation follows:
- Within the first few weeks of each semester, information is sent to the Saint Luke’s College of Health Sciences community via email regarding policies and procedures related to campus security.
- During the Orientation of each semester, SLH Security officers provide information and tips on how to be safe on campus, and/or informational safety brochures are placed in orientation folders or placed in the student commons areas.
The second type of educational awareness program consists of training to inform students and employees about measures that can be taken to prevent crimes. This training includes guided information in the Student Core for Active Shooter and Student Safety Tips. Additional SLH Security training for employees focuses on de-escalating aggressive behavior, active shooter, and crime prevention.
Saint Luke’s College of Health Sciences also provides information to students on campus security, including standard safety precautions. These are provided in the form of brochures (such as “Staying Safe on Campus”) and handouts and email communications on the use of standardized measures such as the use of badges and availability of escort services.
Monitoring Off-Campus Locations of Recognized Student Organizations
Saint Luke’s College of Health Sciences does not have any officially recognized student organizations with off-campus locations and therefore does not monitor or record criminal conduct occurring at such locations.
Disclosure of the Outcome of a Crime of Violence or Non-Forcible Sex Offense
Upon written request, Saint Luke’s College of Health Sciences will disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by Saint Luke’s College of Health Sciences against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of the paragraph.
The previous paragraph does not apply to victims of dating violence, domestic violence, sexual assault, or stalking because, under the Violence Against Women Act, both the accused and accuser in these cases are given the results without the need to make a written request.
Drug and Alcohol Policy
Saint Luke’s School of Nursing’s drug and alcohol abuse policy applies to all students and employees: the unlawful manufacture, possession, use, or distribution of any controlled substance of any kind, including drugs and alcohol, by students and/or employees on college property or as any part of the activities of the College, is strictly prohibited. For purposes of this Policy, “unlawful” is defined as a violation of any local, state, or federal law regarding manufacture, possession, use, or distribution of drugs or alcohol, and the College enforces the state’s underage drinking laws. Saint Luke’s School of Nursing personnel will give law enforcement authorities full cooperation for any investigations. Saint Luke’s College of Health Sciences enforces the state’s underage drinking laws.
Saint Luke’s College of Health Sciences has also adopted a zero-tolerance policy for the use, possession, sale, distribution, or manufacture of illicit or illegal drugs. The College will not tolerate any use, possession, sale, distribution, or manufacture of illicit or illegal drugs, or the improper use of all legal or prescription drugs by any student or employee on campus, off-campus, or while attending any school-sponsored or sanctioned event. Such actions will result in appropriate disciplinary action. The College also enforces state and federal drug laws.
Saint Luke’s College of Health Sciences reserves the right to require a drug test from a student or employee where there is a reasonable suspicion that its drug-free Policy has been violated. Failure to submit to a drug test is a major violation of the disciplinary rules and will result in suspension or expulsion.
Federal Drug Laws
- Denial of Federal Benefits (21 U.S.C. 862) A federal drug conviction may result in the loss of federal benefits, including school loans, grants, scholarships, contracts, and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
- Forfeiture of Personal Property and Real Estate (21 U.S.C. 853) Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars, and other personal belongings. A warrant of seizure is issued, and the property is seized at the time an individual is arrested on charges that may result in forfeiture.
- Federal Drug Trafficking Penalties (21 U.S.C. 841) Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. Penalties for subsequent convictions are twice as severe. If death or serious bodily injury results from the use of a controlled substance which has been illegally distributed, the person convicted on federal charges of distributing the substance faces the possibility of a life sentence and fines ranging up to $10 million. Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 U.S.C. 860) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
- Federal Drug Possession Penalties (21 U.S.C. 844) Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a mandatory fine of no less than $1,000. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.
Drug and Alcohol State Laws
|
Category |
Summary (Missouri Revised Statutes) |
|---|---|
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Possession of Marijuana |
The use of recreational marijuana is illegal, and possession for personal use of less than 10 grams for a first offense is a misdemeanor with a maximum fine of $500 and no jail time. For a second offense, the maximum fine is $2,000 and up to one year in jail. Possessing more than 35 grams is a felony with a maximum fine of $10,000 and up to 7 years in jail. See MO. REV. STAT. § 579.015 (2019). Medical marijuana for certain conditions is allowed, and up to four ounces may be purchased every 30 days. Mo. Code Regs. Ann. tit. 19, § 30-95.030 (2020). |
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Controlled Substances |
Missouri statutes cover a wide range of offenses related to the possession and delivery of controlled substances. See MO. REV. STAT. §§ 579.015 – 579.040 (2019). Possession of a controlled substance, except thirty-five grams or less of marijuana, is a Class D felony, with a term of up to seven years and a fine up to $10,000. See MO. REV. STAT. § 579.015 (2019). Delivery of a controlled substance other than 35 grams or less of marijuana is a Class C felony, resulting in a prison term of not less than 3 years and not more than 10 years, and a fine up to $10,000. MO. REV. STAT. §§ 558.002, 558.011 (2019). As an example, someone possessing methamphetamine faces a prison term of 7 years and a fine up to $10,000. |
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Alcohol and Minors |
In Missouri, it is illegal for anyone under the age of 21 to possess, purchase, or attempt to purchase any intoxicating liquor, subject to a fine not to exceed $500. See MO. REV. STAT. § 311.325 (2019). A subsequent violation is a Class A misdemeanor, subject to a term of up to one year in jail and a fine not to exceed $2,000. Id. Anyone between 17–21 who represents that she/he is 21 for the purpose of obtaining intoxicating liquor is guilty of a misdemeanor. MO. REV. STAT. § 311.320 (2019). The use of a fake identification is subject to a $500 fine. Id. An attempt to purchase, or possession of alcohol, may also result in license suspension. |
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Driving Under the Influence (DUI) |
A person is guilty of a DUI if the person has a blood alcohol concentration of 0.08 percent. A first offense results in a suspended license for 30 days and then a restricted license for 60 days, and may require a certified ignition interlock device. MO. REV. STAT. § 302.525 (2019). A second offense within five years results in a one-year restricted license and additional penalties. |
Drug and Alcohol Abuse Prevention Program
In compliance with the Drug Free Schools and Communities Act (DFSCA), the Saint Luke’s College of Health Sciences campus has a drug and alcohol abuse and prevention program and conducts a biennial review of this program to evaluate its effectiveness. For more information, see below.
- Student alcohol/drug policy: https://saintlukescollege.edu/sites/default/files/pdfs/2019-2020StudentHandbook.pdf
- Employee alcohol/drug policy: Violations of the prohibition by Saint Luke’s College employees will result in disciplinary action as described in the Saint Luke’s Health System Alcohol and Drug Abuse policy HR-002 (found on ePULSE – SLCHS Policies and Procedures).
- Alcohol/drug webpage: U.S. Department of Justice, Bureau of Justice Statistics, “Alcohol and Crime,” 1998. Courtesy of National Council on Alcoholism and Drug Dependence, Inc. (NCADD) 244 East 58th Street, New York, NY 10022, 212-269-7797 www.ncadd.org.
- Biennial review report: A copy of the Biennial review report is available in the office of the Director of Institutional Effectiveness.
Policies, Procedures, and Programs Related to Dating Violence, Domestic Violence, Sexual Assault, and Stalking
Consistent with applicable laws, the Saint Luke’s College of Health Sciences campus prohibits dating violence, domestic violence, sexual assault, and stalking. Saint Luke’s College of Health Sciences Policy used to address complaints of this nature, as well as the procedures for filing, investigating, and resolving complaints, may be found at:
- Title IX Sexual Misconduct Policy and Complaint Resolution Procedures
The following sections of this report discuss Saint Luke’s College of Health Sciences educational programs to promote the awareness of dating violence, domestic violence, sexual assault, and stalking; provides information concerning procedures students and employees should follow and the services available in the event they do become a victim of one of these offenses and advises students and employees of the disciplinary procedures that will be followed after an allegation that one of these offenses has occurred.
Primary Prevention and Awareness Program
Saint Luke’s College of Health Sciences conducts a Primary Prevention and Awareness Program (PPAP) for all incoming students and new employees. The PPAP advises campus community members that Saint Luke’s College of Health Sciences prohibits the offenses of dating violence, domestic violence, sexual assault and stalking. They are also informed of the topics discussed below, including relevant definitions, risk reduction, and bystander intervention.
Crime Definitions
|
Crime Type (Missouri Revised Statutes) |
Definitions |
|---|---|
|
Dating Violence |
The institution has determined, based on good-faith research, that Missouri law does not define the term dating violence. |
|
Domestic Violence |
Missouri’s protective order statutes provide the following definitions (Mo. Rev. Stat. § 455.010):
In addition, Missouri criminal statutes include various degrees of the crime “Domestic Assault,” as follows:
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Stalking |
|
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Sexual Assault |
The institution has determined, based on good-faith research, that Missouri’s criminal statutes do not define the term sexual assault. However, Missouri’s protective order statutes indicate that “sexual assault” means causing or attempting to cause another to engage involuntarily in any sexual act by force, threat of force, duress, or without that person’s consent. (Mo. Rev. Stat. § 455.010(1)(e)). |
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Rape, Fondling, Incest, Statutory Rape |
For purposes of the Clery Act, the term “sexual assault” includes the offenses of rape, fondling, incest, and statutory rape. These definitions under Missouri law are as follows:
|
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Other “sexual assault” crimes |
Other crimes under Missouri law that may be classified as a “sexual assault” include the following:
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Consent (as it relates to sexual activity) (Mo. Rev. Stat. § 556.061(14)) |
Consent or lack of consent may be expressed or implied. Assent does not constitute consent if: (a) It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or (b) It is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or (c) It is induced by force, duress or deception. |
University Definition of Consent
In addition to the definition of consent under state law, the University uses the following definition of consent in its Title IX Sexual Misconduct Policy for the purpose of determining whether sexual violence (including sexual assault) has occurred:
Consent is defined as conduct that a reasonable person would understand to indicate agreement to the sexual conduct at issue. Under this Policy, it 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 a 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. 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 the 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).
Risk Reduction
If you find yourself in an uncomfortable sexual situation, these suggestions may help you reduce your risk:
- Make your limits known before going too far.
- You can withdraw consent to sexual activity at any time. Do not be afraid to tell a sexual aggressor “NO” clearly and loudly.
- Try to remove yourself from the physical presence of a sexual aggressor. Be as direct as possible about wanting to leave the environment.
- Grab someone nearby and ask them for help.
- Be responsible about your alcohol and/or drug use. Alcohol and drugs can lower your sexual inhibitions and may make you vulnerable to someone who views an intoxicated/high person as a sexual opportunity.
- Attend large parties with friends you trust. Watch out for your friends and ask that they watch out for you.
- Be aware of someone trying to slip you an incapacitating “rape drug” like Rohypnol or GHB.
If you find yourself in the position of being the initiator of sexual behavior, these suggestions may help you to reduce your risk of being accused of sexual assault or another sexual crime:
- Remember that you owe sexual respect to the other person.
- Don’t make assumptions about the other person’s consent or about how far they are willing to go.
- Remember that consent to one form of sexual activity does not necessarily imply consent to another form of sexual behavior.
- If your partner expresses a withdrawal of consent, stop immediately.
- Clearly communicate your sexual intentions so that the other person has a chance to clearly tell you their intentions.
- Consider “mixed messages,” a clear sign that the other person is uncomfortable with the situation and may not be ready to progress sexually.
- Don’t take advantage of someone who is really drunk or on drugs, even if they knowingly and intentionally put themselves in that state. Further, don’t be afraid to step in if you see someone else trying to take advantage of a nearly incapacitated person.
- Be aware of the signs of incapacitation, such as slurred speech, bloodshot eyes, vomiting, unusual behavior, passing out, staggering, etc.
It is also important to be aware of the warning signs of an abusive person. Some examples include: past abuse; threats of violence or abuse; breaking objects; using force during an argument; jealousy; controlling behavior; quick involvement; unrealistic expectations; isolation; blames others for problems; hypersensitivity; cruelty to animals or children; “playful” use of force during sex; Jekyll-and-Hyde personality.
Bystander Intervention
- Look out for those around you.
- Realize that it is important to intervene to help others.
- Treat everyone respectfully. Do not be hostile or an antagonist.
- Be confident when intervening.
- Recruit help from others if necessary.
- Be honest and direct.
- Keep yourself safe.
- If things get out of hand, don’t hesitate to contact the police.
Other Information Covered by the PPAP
The PPAP also provides information on possible sanctions and protective measures that may be imposed following a determination that an offense of dating violence, domestic violence, sexual assault, or stalking has occurred, an explanation of the disciplinary procedures that will be followed when one of these offenses is alleged, the rights of the parties in such a proceeding, available resources, and other pertinent information. Much of this information is set forth in the upcoming sections of this security report.
Ongoing Prevention and Awareness Campaign
Saint Luke’s College of Health Sciences also conducts an Ongoing Prevention and Awareness Campaign (OPAC) aimed at all students and employees. This campaign covers the same material as provided in the PPAP, but is intended to increase the understanding of students and employees on these topics and to improve their skills for addressing the offenses of dating violence, domestic violence, sexual assault and stalking.
PPAP and OPAC Programming Methods
The PPAP and OPAC are carried out in a variety of ways, using a range of strategies and, as appropriate, targeting specific audiences throughout the College. Methods include but are not limited to online presentations, distribution of written materials, periodic email blasts, and guest speakers. Programming methods include the following:
- Speakers, awareness brochures, or videos are presented to students, faculty, and staff at various times throughout the year. (e.g., Rose Brooks Center: The Nature and Dynamics of Domestic Violence)
- VAWA and Campus Safety brochures available in all common areas. (Staying Safe on Campus brochure: Drug & Alcohol, Personal Risk, Date Rape & Sexual Assault. The Well Student brochure: Consent)
- Faculty & staff annually view Title IX Sexual Misconduct Policy Video
- During Student orientation, students are directed to view the Title IX Sexual Misconduct Policy Video and given resources: Protecting Students from Sexual Assault; Not Alone Link in the Student Core
- SLH Security Department speaks to students at student orientation regarding safe practices while on campus.
Procedures to Follow if You Are a Victim of Dating Violence, Domestic Violence, Sexual Assault, or Stalking
If you are a victim of dating violence, domestic violence, sexual assault, or stalking, go to a safe place and call 911 or the SLH Security Department at 816.932.2911. You may also contact the College’s Title IX Coordinator at 816.936.8716 or Title IX Deputy Coordinator 816.936.8726.
Victims will be notified in writing of the procedures to follow, including:
- To whom and how the alleged offense should be reported (contact the Title IX Coordinator or refer to the other resources listed in this report).
- The importance of preserving evidence that may be necessary to prove the offense in a criminal proceeding or disciplinary action or to obtain a protective order.
- The victim’s options regarding notification to law enforcement, which are: (a) the option to notify either on-campus or local police; (b) the option to be assisted by campus security authorities in notifying law enforcement if the victim so chooses (the institution is obligated to comply with such a request if it is made); and (c) the option to decline to notify such authorities.
- Where applicable, the rights of victims and the institution’s responsibilities regarding orders of protection, no-contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.
Preservation of Evidence & Forensic Examinations
Victims of physical assault are advised not to remove clothing items worn during or following an assault, as they frequently contain valuable fiber, hair, and fluid evidence. Don’t bathe or wash, or otherwise clean the environment in which the assault occurred. You can obtain a forensic examination at Saint Luke’s Hospital, 4401 Wornall Road, Kansas City, Missouri 64111 Phone: 816.932.2000.
Completing a forensic examination does not require you to file a police report, but having a forensic examination will help preserve evidence in case you decide at a later date to file a police report.
Victims are also advised to retain evidence in electronic formats (e.g., text messages, emails, photos, social media posts, screenshots, etc.). Such evidence is valuable in all situations, and it may be the only type of evidence available in instances of stalking.
Security/Law Enforcement & How to Make a Police Report
- Saint Luke’s Hospital Security Department Phone: 816.932.2911
- Kansas City Police Department, 1200 Linwood Blvd., Kansas City, Missouri 64109 Phone: 816.234.5510
- To make a police report, a victim should contact the local police agency listed above either by phone or in-person. The victim should provide as much information as possible, including name, address, and when and what occurred, to the best of the victim’s ability.
Information about Legal Protection Orders
In Missouri, victims may obtain an Adult Order of Protection, which provides protective relief for victims of domestic violence, stalking, or sexual assault. Information about Adult Orders of Protection may be found at: http://www.courts.mo.gov/page.jsp?id=533.
A protection order may be obtained by filing a petition with the court. Courts can issue two types of orders: (1) Ex Parte Orders, which act as a temporary emergency order to protect a victim, for up to 15 days, until a court hearing, and (2) Full Orders of Protection, which may be issued for up to one year. Additional information about the orders may be found at: https://www.16thcircuit.org/orders-of-protection
- A Petition for Order of Protection should be filed in the 16th Circuit of Jackson County’s Kansas City Courthouse. The address is: 415 E. 12th Street, Kansas City, Missouri 64106. The phone number is 816-881-3971. More information is available here: https://www.16thcircuit.org/orders-of-protection
- Information about obtaining an Order of Protection in Jackson County can be found here: https://www.16thcircuit.org/orders-of-protection
- The circuit court clerk’s office can provide the necessary forms and may assist in completing the forms. Forms may also be found online at: http://www.courts.mo.gov/file.jsp?id=537. A victim should be prepared to present documentation and/or other forms of evidence when filing for an order of protection.
Victims may contact local domestic violence and sexual assault advocates for assistance in obtaining a protection order. The Kansas City Missouri Police Department provides advocates for victims of domestic violence through their Victim Services Office. The KCPD is located at: 1125 Locust, Kansas City, Mo. 64106. The Victim Advocate’s phone number is: 816-234-5205. More information may be found at: https://www.kcpd.org/crime/victim-resources/domestic-violence/
When a protection order is granted, it is enforceable statewide. If you have obtained a protection order and need it to be enforced in your area, you should contact the local police department.
Saint Luke’s College of Health Sciences will also enforce any temporary restraining order or other no-contact order against the alleged perpetrator from a criminal, civil, or tribal court. Any student or employee who has a protection order or no-contact order should notify the Title IX Coordinator and provide a copy of the restraining order so that it may be kept on file with the institution and can be enforced on campus, if necessary. Upon learning of any orders, the institution will take all reasonable and legal action to implement the order.
Saint Luke’s College of Health Sciences does not issue legal orders of protection. However, as a matter of institutional Policy, Saint Luke’s College of Health Sciences may impose a no-contact order between individuals in appropriate circumstances. Saint Luke’s College of Health Sciences may also issue a “no trespass warning” if information available leads to a reasonable conclusion that an individual is likely to cause harm to any member of the campus community. A person found to be in violation of a No Trespass Warning may be arrested and criminally charged.
Available Victim Services
Victims will be provided written notification about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available to them, both within the Saint Luke’s College of Health Sciences and in the surrounding community. Those services include:
On-campus services that are available include:
If a student is considering a leave of absence based on the circumstances of a complaint, he/she should understand there may be financial aid implications in taking such leave. This should be discussed with financial aid personnel, and the Title IX Coordinator can assist in facilitating this conversation if desired. Saint Luke’s College of Health Sciences financial aid office phone number is 816-936-8728.
There is health and counseling information available on this Saint Luke’s College of Health Sciences website: https://saintlukescollege.edu/content/student-assistance-program-sap
Off-campus resources that are available include:
- KC Metro Crisis Line 816-468-5463
- The National Domestic Violence Hotline 1-800-799-7233
- The National Sexual Assault Hotline 1-800-656-4673
- Metropolitan Organization to Counter Sexual Assault (MOSCA): http://mosca.org
- Missouri Coalition Against Domestic & Sexual Violence: http://www.mocadsv.org
- Safe Horizon 1-800-621-4673 www.safehorizon.org
- Hope House 816-468- 5463 www.hopehouse.net
- Rose Brooks 816-861-6100 www.rosebrooks.org
- Legal Aid of Western Missouri 816-474-6750
- Kansas Legal Service 913-621-0200
- Immigration Advocate Network https://www.immigrationadvocates.org/nonprofit/legaldirectory/search?state=MO&state=MO
- U.S. Citizenship and Immigration Services: https://www.uscis.gov/about-us/find-uscis-office/field-offices/missouri
Accommodations and Protective Measures
Saint Luke’s College of Health Sciences will provide written notification to victims about options for, and available assistance in, changing academic, living, transportation, and working situations or protective measures. If victims request these accommodations or protective measures and are reasonably available, the University is obligated to provide them, regardless of whether they choose to report the crime to campus security or local law enforcement.
Requests for accommodations or protective measures should be made to the Title IX Coordinator at 816.936.8716 and/or the Deputy Title IX Coordinator at 816.936.8726. The Title IX Coordinator is responsible for deciding what, if any, accommodations or protective measures will be implemented.
When determining the reasonableness of such a request, Saint Luke’s College of Health Sciences may consider, among other factors, the following:
- The specific need expressed by the complainant.
- The age of the students involved.
- The severity or pervasiveness of the allegations
- Any continuing effects on the complainant
- Whether the complainant and alleged perpetrator share the same class or job location.
- Whether other judicial measures have been taken to protect the complainant (e.g., civil protection orders).
Saint Luke’s College of Health Sciences will maintain as confidential any accommodations or protective measures provided a victim to the extent that maintaining confidentiality would not impair Saint Luke’s College of Health Sciences’ ability to provide them. However, there may be times when certain information must be disclosed to a third party in order to implement the accommodation or protective measure. Such decisions will be made by Saint Luke’s College of Health Sciences in light of the surrounding circumstances, and disclosures of this nature will be limited so that only the information necessary to implement the accommodation or protective measure is provided. In the event it is necessary to disclose information about a victim in order to provide an accommodation or protective order, Saint Luke’s College of Health Sciences will inform the victim of that necessity prior to the disclosure, including which information will be shared, with whom it will be shared, and why.
Procedures for Disciplinary Action
Allegations of domestic violence, dating violence, sexual assault, or stalking will be processed through the institution’s Title IX: Sexual Misconduct Policy and Complaint Resolution Procedures. The procedures are utilized whenever or wherever a complaint is made, regardless of the status of the complainant and the respondent.
The complaint resolution procedures are invoked once a report is made to one of the following individuals:
Title IX Coordinator
Marcia Ladage
Chief Student Affairs Officer
816.936.8716
624 Westport Road, Kansas City MO 64111
Email mladage@saintlukescollege.edu
Deputy Title IX Coordinator
Tere Naylor
Director of Institutional Effectiveness
816.936.8726
624 Westport Road, Kansas City MO 64111
Email: tnaylor@saintlukescollege.edu
A complaint may be made by email, telephone, or in person.
Commencement of the Investigation
Once a complaint is made, the Investigating Officer will commence an investigation of it as soon as practicable, but no 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.
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 an informal or formal process. The Investigating Officer will then notify the parties of the process to be used.
Consent 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.
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.
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.
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.
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.
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 administrators).
- 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
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 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., a preponderance of the evidence) is different from 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.
Rights of the Parties
During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights:
- 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.
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.
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
Methods 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.
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 suspension or dismissal. 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.
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.
Rights of the Parties in an Institutional Proceeding:
During the course of the process described in the previous section, both the accuser and the individual accused of the offense are entitled to:
- A prompt, fair and impartial process from the initial investigation to the final result.
- A prompt, fair, and impartial process is one that is:
- Completed within reasonably prompt timeframes designated by the institution’s Policy, including a process that allows for the extension of timeframes for good cause, with written notice to the accuser and the accused of the delay and the reason for the delay.
- Conducted in a manner that:
- Is consistent with the institution’s policies and transparent to the accuser and the accused.
- Includes timely notice of meetings at which the accuser or accused, or both, may be present; and
- Provides timely access to the accuser, the accused, and appropriate officials to any information that will be used during the informal and formal disciplinary meetings and hearings.
- Conducted by officials who do not have a conflict of interest or bias for or against the accuser or the accused.
- A prompt, fair, and impartial process is one that is:
- Proceedings conducted by officials who, at a minimum, receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
- Such training addresses topics such as relevant evidence and how it should be used during a proceeding, proper techniques for questioning witnesses, basic procedural rules for conducting a proceeding, and avoiding actual and perceived conflicts of interest. Specific training for the Title IX Coordinator is the Annual Training for Advanced Title IX Coordinator and Deputy Coordinator, Train ED which oversees the complaint process, pre-investigation, investigation, adjudication, and post-adjudication.
- The same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The institution may not limit the choice of advisor, but may establish limits regarding the extent to which that advisor may participate in the proceeding, as long as those limits apply equally to both parties.
- Have the outcome determined using the preponderance of the evidence standard.
- Simultaneous, written notification of the results of the proceeding, any procedures for either party to appeal the result, any change to the result, and when the result becomes final. For this purpose, “result” means “any initial, interim and final decision by an official or entity authorized to resolve disciplinary matters” and must include the rationale for reaching the result and any sanctions imposed.
Possible Sanctions or Protective Measures that the University May Impose for Dating Violence, Domestic Violence, Sexual Assault, or Stalking Offenses
Following a final determination in the institution’s disciplinary proceeding that domestic violence, dating violence, sexual assault, or stalking has been committed, the institution may impose a sanction depending on the mitigating and aggravating circumstances involved. The possible sanctions include: warning; reprimand; probation; restitution; fine; loss of privileges; suspension or expulsion/termination; restriction on eligibility to represent Saint Luke’s College of Health Sciences at any official function. If a suspension is imposed on a student, it may be for part of a semester, a full semester, or an entire academic year. An employee may be suspended for any length of time determined appropriate by the Director of Human Resources and/or Saint Luke’s School of Nursing President. Following a suspension, the individual will be required to meet with the Academic Dean (student) or Director of Human Resources and/or Saint Luke’s School of Nursing President (employee) to discuss re-entry and expectations going forward.
In addition, Saint Luke’s College of Health Sciences can make available to the victim a range of protective measures. They include forbidding the accused from entering the institution, security escorts, modifications to academic requirements or class schedules, changes in working situations, etc.
Publicly Available Recordkeeping
Saint Luke’s College of Health Sciences will complete any publicly available recordkeeping, including Clery Act reporting and disclosures, without the inclusion of personally identifiable information about victims of dating violence, domestic violence, sexual assault, and stalking who make reports of such to Saint Luke’s College of Health Sciences to the extent permitted by law.
Victims to Receive Written Notification of Rights
When a student or employee reports to Saint Luke’s College of Health Sciences that he or she has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off-campus, Saint Luke’s College of Health Sciences will provide the student or employee a written explanation of his or her rights and options as described in the paragraphs above.
Sex Offender Registration Program
The Campus Sex Crimes Prevention Act of 2000 requires institutions of higher education to advise members of the campus community where they can obtain information provided by the state concerning registered sex offenders. It also requires sex offenders to notify the state of each institution of higher education in the state at which they are employed or enrolled or carrying on a vocation. The state is then required to notify the University of any such information it receives. Anyone interested in determining whether such persons are on this campus may do so by contacting the Title IX Coordinator at 816.936.8716. State registry of sex offender information may be accessed at the following link: https://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/SOR/SORPage.html
Timely Warnings and Emergency Response
Timely Warnings
In the event of criminal activity occurring either on campus or off campus that in the judgment of the Saint Luke’s College of Health Sciences President constitutes a serious or continuing threat to members of the campus community, a campus-wide “timely warning” will be issued. Examples of such situations may include a sexual assault or a series of motor vehicle thefts in the area that merit a warning because they present a continuing threat to the campus community. Warnings will be communicated to students and employees via one or more of the methods discussed later in this section. Updates to the warnings will be provided as appropriate.
Anyone with information warranting a timely warning should immediately report the circumstances to:
- SLH Security Department, 816.932.2911
- Director of Bursar Operations, 816.936.8725
- Chief Student Affairs Officer, 816.936.8716
Saint Luke’s College of Health Sciences has communicated with local law enforcement asking them to notify St. Luke’s if it receives reports or information warranting a timely warning.
Emergency Response
Saint Luke’s College of Health Sciences has an emergency management plan designed to ensure there is a timely and effective response in the event of a significant emergency or dangerous situation occurring on campus involving an immediate threat to the health or safety of members of the campus community. Such situations include, but are not limited to: tornadoes, bomb threats, chemical spills, civil unrest, fires, active shooters, etc. SLH Security and/or local police will inform the College about situations reported to them that may warrant an emergency response.
Students, staff, and visitors are encouraged to notify the SLH Security Department/Director of Bursar Operations/Chief Student Affairs Officer at 816.932.2911/ /816.936.8725/816.936.8716 of any emergency or potentially dangerous situation.
The Saint Luke’s College of Health Sciences President, Director of Bursar Operations and/or designee will access available sources of information from campus administrative staff and local authorities to confirm the existence of the danger and will be responsible for initiating the institution’s response and for marshaling the appropriate local emergency response authorities for assistance. Depending on the nature of the emergency, other St. Luke’s departments may be involved in the confirmation process.
Once the emergency is confirmed and based on its nature, the Saint Luke’s College of Health Sciences President and/or Director of Bursar Operations will consult with other appropriate St. Luke’s officials to determine the appropriate segment or segments of the campus community to be notified.
The Saint Luke’s College of Health Sciences President and/or Director of Bursar Operations or designee in collaboration with other appropriate personnel will determine who should be notified, and will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency.
Depending on the segments of the campus the notification will target, the content of the notification may differ. When appropriate, the content of the notification will be determined in consultation with local authorities and/or Marketing & Communication liaisons. Also, as appropriate, the notification will give guidance as to whether its recipients should shelter in place or evacuate their location.
The Director of Bursar Operations will direct the issuance of emergency notifications, which will be accomplished using one or more of the methods discussed later in this section, depending on the nature of the threat and the campus community segment threatened.
The Director of Bursar Operations and/or designee will contact local law enforcement of the emergency if they are not already aware of it and local media outlets in order that the larger community outside the campus will be aware of the emergency.
Methods for Issuing Timely Warnings and Emergency Notifications
The method(s) listed below may be utilized when the University issues a timely warning or emergency notification to the campus community.
|
Method |
Sign-Up Instructions |
|---|---|
|
Local media outlets |
N/A |
|
Voicemail - main college phone |
816.936.8700 |
|
Main page of SLCHS web site |
N/A |
|
SLHS Alerts (REGROUP) |
Employees automatically enrolled; students are notified to sign up |
|
Email to students, faculty, and staff |
N/A |
Testing & Documentation
Saint Luke’s College of Health Sciences tests its emergency response and evacuation procedures at least once a year. The tests may be announced or unannounced. Also, at various times the Safety & Emergency Management Team will meet to train and test, and evaluate St. Luke’s emergency response plan.
The Director of Institutional Effectiveness maintains a record of these tests and training exercises, including a description of them, the dates and times they were held, and an indication of whether they were announced or unannounced. In connection with at least one such test, Saint Luke’s College of Health Sciences will distribute to its students and employees information to remind them of St. Luke’s emergency response and evacuation procedures.
Crime Statistics
The statistical summary of crimes for this University over the past three calendar years follows:
|
|
On-Campus |
Non-Campus |
Public Property |
||||||
|---|---|---|---|---|---|---|---|---|---|
|
Crime |
2019 |
2018 |
2017 |
2019 |
2018 |
2017 |
2019 |
2018 |
2017 |
|
Murder/Non-Negligent |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Manslaughter by Negligence |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Rape |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Fondling |
0 |
0 |
2 |
0 |
0 |
0 |
0 |
0 |
2 |
|
Statutory Rape |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Incest |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Aggravated Assault |
0 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
1 |
|
Burglary |
0 |
3 |
2 |
1 |
0 |
0 |
0 |
3 |
2 |
|
Robbery |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
1 |
0 |
|
Motor Vehicle Theft |
0 |
4 |
0 |
3 |
0 |
0 |
0 |
0 |
0 |
|
Arson |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Arrest - Liquor Law Violation |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Arrest - Drug Abuse Violation |
0 |
0 |
0 |
10 |
0 |
0 |
0 |
0 |
0 |
|
Arrest - Weapon Violation |
0 |
0 |
0 |
2 |
0 |
0 |
0 |
0 |
0 |
|
Disciplinary Referral - Liquor Law Violation |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Disciplinary Referral - Drug Abuse Violation |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Disciplinary Referral - Weapon Violation |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Domestic Violence |
0 |
2 |
6 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Dating Violence |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
|
Stalking |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
* The University does not have on-campus student housing facilities.
Hate crimes:
2019: No hate crimes reported.
2018: No hate crimes reported.
2017: No hate crimes reported.
Crimes unfounded by the University:
2019: 0 unfounded crimes.
2018: 0 unfounded crimes.
2017: 0 unfounded crimes.
Statistics for unfounded crimes provided by law enforcement agencies:
2019: 0 unfounded crimes.
2018: 0 unfounded crimes.
2017: 0 unfounded crimes.
Data from law enforcement agencies:
- Saint Luke’s College of Health Sciences was provided with some crime data from law enforcement agencies for which it cannot be determined whether any of the statistics apply to or include St. Luke’s Clery Geography.
- Certain law enforcement agencies did not comply with Saint Luke’s College of Health Sciences’ request for crime statistics.
Clery Act Campus Crime Statistics
Crime Statistics
The statistical summary of crimes for this College over the past three calendar years follows:
Crime On Campus Non Campus PublicProperty
2018 2017 2016 2018 2017 2016 2018 2017 2016
Murder/Non‐Negligent Manslaughter 0 0 0 0 0 0 0 0 0
ManslaughterbyNegligence 0 0 0 0 0 0 0 0 0
Rape 0 0 0 0 0 0 0 0 0
Fondling 0 2 1 0 0 0 0 0 0
Statutory Rape 0 0 0 0 0 0 0 0 0
Incest 0 0 0 0 0 0 0 0 0
AggravatedAssault 0 1 4 0 0 0 0 0 0
Burglary 3 2 0 0 0 0 0 0 0
Robbery 1 0 0 0 0 0 0 0 0
Motor Vehicle Theft 4 0 1 0 0 0 0 0 0
Arson 0 0 0 0 0 0 0 0 0
Arrest ‐ Liquor Law Violation 0 0 0 0 0 0 0 0 0
Arrest ‐ Drug Abuse Violation 0 0 0 0 0 0 0 0 0
Arrest ‐ Weapon Violation 0 0 1 0 0 0 0 0 0
Disciplinary Referral ‐ Liquor Law Violation 0 0 0 0 0 0 0 0 0
Disciplinary Referral ‐ Drug Abuse Violation 0 0 0 0 0 0 0 0 0
Disciplinary Referral ‐ Weapon Violation 0 0 0 0 0 0 0 0 0
DomesticViolence 0 6 9 0 0 0 0 0 0
DatingViolence 0 0 0 0 0 0 0 0 0
Stalking 0 0 0 0 0 0 0 0 0
*The College does not have on‐campus student housing facilities.
Hate crimes:
2018: No hate crimes reported.
2017: No hate crimes reported.
2016: No hate crimes reported.
Crimes unfounded by the College:
2018: 0 unfounded crimes.
2017: 0 unfounded crimes.
2016: 0 unfounded crimes.
Statistics for unfounded crimes provided by law enforcement agencies:
2018: 0 unfounded crimes.
2017: 0 unfounded crimes.
2016: 0 unfounded crimes.
Emergency Preparedness Handbook
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
Luke’s Hospital (SLH), SLHS, and the Center for Disease Control (CDC), if necessary.
Other Emergency Situations (not requiring emergency responders) INJURY or
ILLNESS
1. Provide immediate first aid, if appropriate.
2. Call 911 if it is emergency.
3. Report as soon as possible to the Employee Health at extension 23176 (employees only).
TESTING
Testing will be done yearly for severe weather or other emergencies notification via SLHS Alerts and/or via email.
Fire drills will be conducted once per semester in coordination with SLHS Security. Security will time the drill to verify timely and safe building evacuation. Tornado drills will be conducted once per year in coordination with SLHS Safety Department.
Title IX Sexual Harassment Policy and Complaint Resolution Procedure
CONTENT
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.
NON-DISCRIMINATION POLICY
Applicants for admission and employment, students and employees, sources of referral of applicants for admission and employment, and all unions or professional organizations holding collective bargaining or professional agreements with Saint Luke’s College of Health Sciences are hereby notified that this institution does not discriminate on the basis of race, color, gender, religion, age, class, ethnic or national origin, ancestry, sex, sexual orientation or gender identity, disability, pregnancy, institutional status, military status, or other legally protected status in admission or access to, of treatment or employment in, its programs and activities. Any person having inquiries concerning compliance by Saint Luke’s College of Health Sciences with the regulations implementing Title VI, Title IX, or Section 504 is directed to contact the College President, the Title IX Coordinator, the Chief Dean of Students, or Director of Financial Aid at 624 Westport Rd, Kansas City, Missouri 64111, 816-936- 8700, who have been designated by Saint Luke’s College of Health Sciences to coordinate the institution’s efforts to comply with the regulations implementing Title VI, Title IX, and Section 504. Inquiries may also be addressed to the Assistant Secretary for Civil Rights, U.S. Department of Education. Contact for the U.S. Department of Education is available at: https://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm.
Saint Luke’s College Policy Number CO-019
Issued by Administration Reviewed by Legal 10/13/2016, Revised by Husch Blackwell 3/9/2018 Revised by Husch Blackwell 3/2019
Effective date: 11/1/2016 3/27/2019
Board approved 9/9/2016
Cabinet approved3/12/2018, 3/27/2019
Next Review 11/1/2018, 11/1/2020
Pages 31
Weapon 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
