Equity Grievance Policy

1. Rationale for Policy

Highland Community College (hereinafter “HCC” or “the College”) is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities, that are free from discrimination and harassment based on a protected characteristic, and retaliation for engaging in a protected activity.

The College will not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of race, religion, hearing status, personal appearance, color, sex (including sex stereotypes and sex characteristics), pregnancy or related conditions, sexual orientation, gender identity, gender expression, political affiliation, source of income, place of business, residence, religion, creed, ethnicity, national origin (including ancestry), citizenship status, physical or mental disability, age, marital status, family responsibilities, veteran or military status (including disabled veteran; recently separated veteran; active-duty, wartime, or campaign badge veteran; and Armed Forces Service Medal veteran), predisposing genetic characteristics, domestic violence victim status, or any other protected category under applicable local, state, or federal law, including protections for those opposing discrimination or participating in any grievance process on campus or within the Equal Employment Opportunity Commission or other human rights agencies.

To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness and equity in all aspects of the education program or activity, HCC has developed policies and procedures that provide a prompt, fair, and impartial process for those involved in an allegation of discrimination or harassment on the basis of a protected characteristic, and for allegations of retaliation. 

HCC values and upholds the equal dignity of all members of its community and strives to balance the rights of the parties in the grievance process during what is often a difficult time for all involved. 

2. Applicable Scope

The core purpose of this Policy is the prohibition of all forms of discrimination, including on the basis of sex, race, color, national origin, disability, age, religion, genetic information, marital status, veteran’s status, and/or sexual orientation. Sometimes, discrimination involves exclusion from or different treatment in activities, such as admission, athletics, or employment. At other times, discrimination takes the form of harassment, such as racial harassment, or, in the case of sex-based discrimination, it can encompass sex-based harassment, sexual harassment, sexual assault, stalking, sexual exploitation, dating violence, or domestic violence. When an alleged policy violation is reported, the allegations are subject to resolution using the College’s “Process A” or “Process B,” as determined by the appropriate College official, and as detailed below.

Process A

Process B

When the Respondent is a member of the College community, a Formal Complaint may be filed and a grievance process may be available regardless of the status of the Complainant, who may or may not be a member of the HCC community. This community includes, but is not limited to, students, student organizations, faculty, administrators, staff, and third parties such as guests, visitors, volunteers, vendors, contractors, invitees, and campers. The procedures below may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed and investigated in accordance with this Policy.

The College recognizes that reports and/or Formal Complaints under this Policy may include multiple forms of discrimination and harassment as well as violations of other College policies; may involve various combinations of students, employees, and other members of the College community; and may require the simultaneous attention of multiple College departments. Accordingly, all College departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable College policies, to provide uniform, consistent, efficient, and effective responses to alleged discrimination and harassment or retaliation.

3. HCC Title IX and Equal Educational Opportunity (EEO) Coordinators

The Vice President for Student Affairs serves as the Title IX and Equal Educational Opportunity (EEO) Coordinator when the Respondent is a student, and the Student Conduct and Compliance Officer serves as the Title IX and Equal Educational Opportunity (EEO) Coordinator when the Respondent is an employee. Both Title IX and Equal Educational Opportunity (EEO) Coordinators oversee implementation of the College’s Equal Opportunity plan, disability compliance, and the College’s Equity Grievance Policy.

The Title IX and Equal Educational Opportunity (EEO) Coordinators have the primary responsibility for coordinating the College’s efforts related to the intake, investigation, resolution, and implementation of supportive measures to stop, remedy, and prevent all forms of discrimination, harassment, and retaliation prohibited under this Policy.

4. Independence and Conflict of Interest

The Vice President for Student Affairs and/or the Student Conduct and Compliance Officer in their roles as Title IX and Equal Educational Opportunity (EEO) Coordinators manage the Formal Grievance Process Pool/Resolution Process Pool and act with independence and authority free from bias and conflicts of interest. The Title IX and Equal Educational Opportunity (EEO) Coordinators oversee all resolutions under this Policy and these procedures. The members of the Formal Grievance Process Pool/Resolution Process Pool are vetted and trained to ensure they are not biased for or against any party in a specific complaint, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias, conflict of interest, misconduct, or discrimination by the Vice President for Student Affairs and/or the Student Conduct and Compliance Officer in their roles as Title IX and Equal Educational Opportunity (EEO) Coordinators, contact the College President. Concerns of bias, misconduct, discrimination, or a potential conflict of interest by any other Formal Grievance Process Pool/Resolution Process Pool member should be raised with either Title IX and Equal Educational Opportunity (EEO) Coordinator.

5. Administrative Contact Information

(See list above)

6. Notice/Complaints of Discrimination, Harassment, and/or Retaliation

Notice or complaints of discrimination, harassment, and/or retaliation may be made using any of the following options: 

• File a report or Formal Complaint with, or give verbal notice to, the Title IX and Equal Educational Opportunity (EEO) Coordinators. Such a report or Formal Complaint may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail, to the office listed for the Title IX and Equal Educational Opportunity (EEO) Coordinators or any other official listed. 
• Report online, using the appropriate reporting form:
  • Discrimination, Harassment, Gender-Based Misconduct Form
  • Race-Based Discrimination Complaint Form
• Anonymous reports may be made, using the Silent Witness (Anonymous Crime Report) Form. Anonymous reports may prompt the college to determine if the parties can be identified. If that is unnecessary, no further formal action will be taken, though measures intended to protect the community may be enacted. The College tries to provide supportive measures to all Complainants, which may be impossible with an anonymous report that does not identify the Complainant.

The Complainant is largely in control and should not fear a loss of confidentiality by making a report that allows the College to discuss and/or provide supportive measures. Reporting potential violations of discrimination does not require the initiation of a
formal response, and the College respects Complainant requests to dismiss complaints unless there is a compelling threat to health and/or safety.

As used in this Policy, the term “Formal Complaint” means a document or electronic submission (such as by electronic mail or through an online portal provided by HCC for this purpose) that contains the Complainant’s physical or digital signature or otherwise indicates that the Complainant is the person filing the complaint, and requests that the College investigate the allegations. If notice is submitted in a form that does not meet this standard, the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator will contact the Complainant to ensure that it is filed correctly.

7. Supportive Measures

The College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged harassment, discrimination, and/or retaliation as defined in this policy. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the parties, to restore or preserve access to the College’s education program or activity, including measures designed to protect the safety of all parties and/or the College’s educational environment and/or to deter harassment, discrimination, and/or retaliation.

Vice President for Student Affairs and /or the Director of Human Resources in their roles as Title IX and Equal Educational Opportunity (EEO) Coordinators promptly make supportive measures available to the parties upon receiving notice or a complaint. At the time that supportive measures are offered, the College will inform the Complainant, in writing, that they may file a Formal Complaint with the College either at that time or in the future, if they have not done so already. The appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator works with the Complainant to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the parties as possible. The College will implement measures in a way that does not unreasonably burden the other party.

These actions may include, but are not limited to:

• Referral to counseling, medical, and/or other healthcare services
• Referral to the Employee Assistance Program
• Referral to community-based service providers
• Visa and immigration assistance
• Student financial aid counseling
• Education to the institutional community or community subgroup(s)
• Altering campus housing assignment(s)
• Altering work arrangements for employees or student-employees
• Safety planning
• Providing campus safety escorts
• Implementing contact limitations (no contact orders) between the parties
• Academic support, extensions of deadlines, or other course/program-related adjustments
• Trespass, Persona Non Grata (PNG), or Be-On-the-Lookout (BOLO) orders
• Timely warnings
• Class schedule modifications, withdrawals, or leaves of absence
• Increased security and monitoring of certain areas of the campus
• Any other actions deemed appropriate by the Title IX and Equal Educational Opportunity (EEO) Coordinator

Violations of no contact orders or other restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing complaint under this Policy. 

8. Emergency Removal

The College can act to remove a student Respondent from its education program or activities—partially or entirely—on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. This risk analysis is performed by the Vice President for Student Affairs, in conjunction with the Campus Assessment Recommendation and Evaluation Team (“CARE Team”), using its standard objective violence risk assessment procedures. When an emergency removal is imposed, the student will be given notice of the action and the option to request to meet with the Vice President for Student Affairs prior to such action/removal being imposed, or as soon as reasonably possible thereafter, to show cause why the action/removal should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal is appropriate. When this meeting is not requested in a timely manner, objections to the emergency removal will be deemed waived. A Complainant and their Advisor may be permitted to participate in this meeting if the Vice President for Student Affairs determines it equitable to do so. This section also applies to any restrictions that a coach or athletic administrator may place on a student-athlete arising from allegations related to discrimination as defined within this policy. There is no appeal process for emergency removal decisions.

The Respondent may be accompanied by an Advisor of their choice when meeting with the Vice President for Student Affairs for the show cause meeting. The Respondent will be given access to a written summary of the basis for the emergency removal prior to the meeting to allow for adequate preparation.

The Vice Presidet for Student Affairs has sole discretion under this Policy to implement or modify an emergency removal and to determine the conditions and duration. Violation of an emergency removal under this policy will be grounds for discipline within the student or employee conduct processes, which may include expulsion or termination. The College will implement the least restrictive emergency actions possible in light of the circumstances and safety concerns. As determined by the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator, these actions could include, but are not limited to: removing a student from a residence hall, temporarily re-assigning an employee, restricting a student’s or employee’s access to or use of facilities or equipment, allowing a student towithdraw or take incomplete grades without financial penalty, authorizing an administrative leave, and suspending a student’s participation in extracurricular activities, student employment, student organizational leadership, or intercollegiate/intramural/club athletics.

At the discretion of the Vice President for Student Affairs, alternative coursework options may be pursued to ensure as minimal an academic impact on the parties as possible. When the Respondent is an employee, or a student employee, accused of misconduct in the course of their employment, existing provisions for interim action are applicable instead of the above emergency removal process.

9. Promptness

Once the College has received notice or a Formal Complaint, all allegations are promptly acted upon. Complaints typically take 60-90 days to resolve. There are always exceptions and extenuating circumstances that can cause a resolution to take longer, but the College will avoid all undue delays within its control.

Any time the general timeframes for resolution outlined in the College’s procedures will be delayed, the College will provide written notice to the parties of the delay, the cause for the delay, and an estimate of the anticipated additional time that will be needed as a result of the delay.

10. Confidentiality / Privacy

Every effort is made by the College to preserve the confidentiality of reports.¹ The College will not share the identity of any individual who has made a report or Formal Complaint of harassment, discrimination, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of harassment, discrimination, or retaliation; any Respondent; or any witness, except as permitted by the Family Educational Rights and Privacy Act (FERPA)² or its implementing regulations,³ or as required by law; or to carry out the purposes of 34 C.F.R. Part 106, including any investigation, hearing, or grievance proceeding arising under these policies and procedures.

The College reserves the right to determine which College officials have a legitimate educational interest in being informed about incidents that fall under this Policy, pursuant to the Family Educational Rights and Privacy Act (FERPA). Only a small group of officials who need to know will typically be told about the complaint, including but not limited to: the Office of the President, Student Affairs, Human Resources, Campus Security, and the CARE Team. Information will be shared as necessary with Investigators, Decision-makers, witnesses, and the parties. The circle of people with this knowledge will be kept as tight as possible to preserve the parties’ rights and privacy. 

The College may contact parents/guardians of students to inform them of situations in which there is a significant and articulable health and/or safety risk but will usually consult with the student first before doing so. 

Confidentiality and mandated reporting are addressed more specifically below under Mandated Reporting. 

11. Jursidiction

This Policy applies to the College’s education program and activities, to conduct that takes place on property owned or controlled by the College, at College-sponsored events, and in buildings owned or controlled by the College’s recognized student organizations. The Respondent must be a member of the College community in order for this Policy to apply.

This Policy can also be applicable to off-campus misconduct that effectively limits or denies a person of access to the College’s education program or activities. The College may also extend jurisdiction to off-campus and/or to online conduct when the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator determines that the conduct affects a substantial College interest.

Regardless of where the conduct occurred, the College will address notice/complaints to determine whether the conduct occurred in the context of its employment or education program or activity and/or has continuing effects on campus (including virtual learning and employment environments) or in an off campus sponsored program or activity. A substantial College interest includes:

1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any student, employee, or other individual.
3. Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and/or causes social disorder.
4. Any situation that substantially interferes with the educational interests or mission of the College.

If the Respondent is unknown or is not a member of the College community, the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator will assist the Complainant in identifying appropriate institutional and local resources and support options. If criminal conduct is alleged, the College can assist in contacting local or institutional law enforcement if the individual would like to file a police report.

Further, even when the Respondent is not a member of the College community, supportive measures, remedies, and resources may be provided to the Complainant by contacting either Title IX and Equal Educational Opportunity (EEO) Coordinator.

In addition, the College may take other actions as appropriate to protect the Complainant against third parties, such as barring individuals from College property and/or events.

All vendors serving the College through third-party contracts are subject to the policies and procedures of their employers.

When the Respondent is enrolled in or employed by another institution, the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator can assist the Complainant in liaising with the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator may be able to assist and support a student or employee Complainant who experiences discrimination in an externship, study abroad program, or other environment external to the College where sexual harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. 

12. Time Limits on Reporting

There is no time limitation on providing notice/complaints to the College. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible. Acting on notice/complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of policy) is at the discretion of the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator, who may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

13. Online Harassment and Misconduct

College policies are written and interpreted broadly to include online manifestations of any of the behaviors prohibited below, when those behaviors occur in or have an effect on the College’s education program and activities or when they involve the use of College networks, technology, or equipment.
Although the College may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the College, it will engage in a variety of means to address and mitigate the effects.
Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites; sharing inappropriate content via social media; unwelcome sexual or sex-based messaging; distributing, or threatening to distribute, nude or semi-nude photos or recordings; breaches of privacy; or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of the College community.
Any online posting or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc., occurring completely outside of the College’s control (e.g., not on College networks, websites, or between College email accounts) will only be subject to this Policy when such online conduct can be shown to cause a substantial in-program disruption or infringement on the rights of others.
Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided, but legally protected speech cannot be subjected to discipline. Off-campus harassing speech by employees, whether online or in person, may be regulated by the College only to the extent permissible by the First Amendment.

14. Policy on Nondiscrimination

The College adheres to all federal, state, and local civil rights laws and regulations prohibiting discrimination in public higher education institutions.

A. Protected Characteristics

The College does not discriminate against any employee, applicant for employment, student, or applicant for admission on the basis of:

• Race
• Religion
• Hearing status
• Personal appearance
• Color
• Sex (including sex stereotypes and sex characteristics)
• Pregnancy or related conditions
• Sexual orientation
• Gender identity
• Gender expression
• Political affiliation
• Source of income
• Place of business
• Residence
• Creed
• Ethnicity
• National origin (including ancestry)
• Citizenship status
• Physical or mental disability (including perceived disability)
• Age
• Marital status
• Family responsibilities
• Veteran or military status (including disabled veteran; recently separated veteran; active-duty, wartime, or campaign badge veteran; and Armed Forces Service Medal veteran)
• Predisposing genetic characteristics
• Domestic violence victim status or any other protected characteristic under applicable local, state, or federal law,
  including protections for those opposing discrimination or participating in any grievance process within the institution, with the Equal Employment Opportunity Commission, and/or other human/civil rights agencies.

 

This Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the College community whose acts deny, deprive, or limit the educational or employment or residential and/or social access, benefits, and/or opportunities of any member of the College community, guest, or visitor on the basis of that person’s actual or perceived protected characteristics listed above, is in violation of the College’s Equity Grievance Policy. When brought to the attention of the College, any such discrimination will be promptly and fairly addressed and remedied by the College according to the appropriate grievance process described below.

15. Disability Discrimination and Accommodation Policy

The College is committed to full compliance with the Americans with Disabilities Act of 1990 (ADA), as amended, and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal, state, and local laws and regulations pertaining to individuals with disabilities.

Under the ADA and its amendments, a person has a disability if they have a physical or mental impairment that substantially limits a major life activity.

The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the College, regardless of whether they currently have a disability. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, or caring for oneself.

The Director of Advising/Student Success Center has been designated as the College’s ADA/504 Coordinator responsible for overseeing efforts to comply with these disability laws, including responding to grievances and conducting investigations of any allegation of noncompliance or discrimination based on disability.

Grievances related to disability status and/or accommodations will be addressed using the procedures in found here. For details relating to disability accommodations in the College’s Resolution Process.

A. Students with Disabilities

The College is committed to providing qualified students with disabilities with reasonable accommodations and support needed to ensure equal access to the College’s academic programs, facilities, and activities. Accommodations are made on an individualized basis. A student requesting any accommodation should first contact the Disability Coordinator for their respective campus, who coordinates services for students with disabilities.

The Disability Coordinator reviews documentation provided by the student and, in consultation with the student, determines which accommodations are appropriate for the student’s particular needs and academic program(s) in accordance with applicable College policies.

B. Employees with Disabilities

Pursuant to the ADA, the College will provide reasonable accommodation(s) to all qualified employees with known disabilities when their disability affects the performance of their essential job functions, except when doing so would be unduly disruptive or would result in undue hardship to the College.

An employee with a disability is responsible for submitting an accommodation request to the Human Resources Manager and providing necessary documentation. The Human Resources Manager will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable
accommodations could enable the employee to perform those duties in accordance with applicable College policies.

16. Inclusion Related to Race

The College strives to ensure that all individuals are safe, included, and respected in their working and learning environments, regardless of their racial identity or expression, including their expression of their racial identity as students and employees. 

Discrimination on the basis of race is not tolerated by the College. If a member of the College community feels they have been subjected to discrimination under this Policy, they should follow the appropriate reporting/Formal Complaint process described above.

The College is committed to fostering a climate where all identities are valued and creating a more vibrant and diverse community. The purpose of this Policy is to have the College administratively address issues some students and employees, based on their race, may confront.

Racial discrimination includes unfair treatment such as access to employment, housing, education (and educational activities such as athletics), and more. HCC is committed to providing equal access to all facets of our community to all people.

Racial discrimination can include microaggressions. Microaggressions are not small in impact, but are aggressions cloaked in everyday languages and convey hostile, insulting, and/or negative messages to historically underserved populations. Examples of microaggressions can be asking an African American if one can touch their hair or telling someone they are wellspoken.

17. Discriminatory Harassment Policy

Students, staff, administrators, and faculty are entitled to an employment and educational environment that is free of discriminatory harassment. The sections below describe the specific forms of legally prohibited harassment that are also prohibited under College Policy. 

This Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial, or sensitive subject matters protected by academic freedom. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of College Policy, though supportive measures will be offered to those impacted. All offense definitions encompass actual and/or
attempted offenses.

A. Discriminatory Harassment

Discriminatory harassment—defined as unwelcome conduct by any member or group of the community on the basis of actual or perceived characteristic protected by policy or law—is a form of prohibited discrimination under College policy.

The College does not tolerate discriminatory harassment of any employee, student, visitor, or third party. The College will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile environment.” A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.⁴ This discriminatory effect results from harassing verbal, written, graphic, and/or physical conduct that is severe or pervasive and objectively offensive.

When discriminatory harassment rises to the level of creating a hostile environment, the College may also impose sanctions on the Respondent through application of the appropriate grievance process.

The College reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. Addressing such conduct will not result in the imposition of discipline under College policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms.

For assistance with Alternative Resolution and other Informal Resolution techniques when permitted under law, employees should contact the Director of Human Resources, and students should contact the Student Conduct and Compliance Director.

18. Racial Harassment

Racial harassment – defined as unwelcome behavior that occurs based on race, color, or national origin, such as verbal or physical conduct of a racial nature - is a form of prohibited discrimination under College policy. 

Racial harassment is contrary to the nature and mission of our institution. It may take many forms, from outright criminal acts (e.g., assault and battery, vandalism, or destruction of property) to anonymous, malicious intimidation.

Harassing conduct based on race may occur in many different contexts and locations, including classrooms (including virtual classes), residence halls, hallways, cafeterias, school buses, athletic fields, locker rooms, bathrooms, on the internet, and on social networking sites and apps. Racial harassment may be directed at anyone, and the harassment may also be based on association with others of a different race, color, or national origin (e.g., the harassment might reference the race of a sibling or parent/guardian because it is different from the race of the person being harassed.)

The College does not tolerate discriminatory harassment of any employee, student, visitor, or third party. The College will act to remedy all forms of harassment when reported, whether or not the harassment rises to the level of creating a “hostile environment.” A hostile environment is one that unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.⁵ This discriminatory effect results from harassing verbal, written, graphic, and/or physical conduct that is severe or pervasive and objectively offensive.

When discriminatory harassment rises to the level of creating a hostile environment, the College may also impose sanctions on the Respondent through application of the appropriate grievance process. The College reserves the right to address offensive conduct and/or harassment that (1) does not rise to the level of creating a hostile environment, or (2) that is of a generic nature and not based on a protected characteristic. Addressing such conduct will not result in the imposition of discipline under College policy, but may be addressed through respectful conversation, remedial actions, education, effective Alternative Resolution, and/or other Informal Resolution mechanisms. 

For assistance with Alternative Resolution and other Informal Resolution techniques when permitted under law, employees should contact the Director of Human Resources, and students should contact the Student Conduct and Compliance Director.

19. Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Kansas regard sexual harassment, a specific form of discriminatory harassment, as an unlawful discriminatory practice.

Acts of sexual harassment may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity of those involved.

The College has adopted the following definitions of sexual harassment in order to address the unique environment of an academic community. Two definitions are required by federal law. While they overlap, they are not identical, and they each apply as noted.

Title VII/FHA Sexual Harassment applies to situations where an employee is subjected to workplace sexual harassment or where a situation involves a residential Complainant in College-provided housing.

1. Unwelcome verbal, written, graphic, and/or physical conduct;
2. that is severe or pervasive and objectively offensive;
3. on the basis of sex/gender, that
4. unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.

Title IX Sexual Harassment, as an umbrella category, includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and stalking. This definition applies to all formal complaints that fall within Title IX jurisdiction as
determined by the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator. Sexual harassment includes:

Conduct on the basis of sex,⁶ or that is sexual in nature, that satisfies one or more of the following:

1. Quid Pro Quo:
   1. an employee of the College,
   2. conditions⁷ the provision of an aid, benefit, or service of the College,
   3. on an individual’s participation in unwelcome sexual conduct.
2. Sexual Harassment (Hostile Environment):
   1. unwelcome conduct,
   2. determined by a reasonable person,
   3. to be so severe, and
   4. pervasive, and,
   5. objectively offensive, 
   6. that it effectively denies a Complainant equal access to the College’s education program or activity.⁸
3. Sexual Assault,⁹ defined as:
   1. Rape:
      • Penetration, no matter how slight,
      • of the vagina or anus,
      • with any body part or object, or
      • oral penetration by a sex organ of another person,
      • without the consent of the Complainant.
   2. Fondling:
      • The touching of the private body parts of the Complainant (buttocks, groin, breasts),
      • for the purpose of sexual gratification,
      • without the consent of the Complainant,
      • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental incapacity.
   3. Incest:
      • Sexual intercourse,
      • between persons who are related to each other,
      • within the degrees wherein marriage is prohibited by Kansas law.
   4. Statutory Rape:
      1. Sexual intercourse,
      2. with a person who is under the statutory age of consent of 16 years of age.
4. Dating Violence, defined as:
   1.  violence,
   2.  on the basis of sex,
   3.  committed by a person,
   4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant. 
      1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
         1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
         2. Dating violence does not include acts covered under the definition of domestic violence.
5. Domestic Violence,¹⁰ defined as:
   1. violence,
   2. on the basis of sex,
   3. committed by a current or former spouse or intimate partner of the Complainant,
   4. by a person with whom the Complainant shares a child in common, or
   5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
   6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Kansas, or
   7. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Kansas.
6. Stalking, defined as:
   1. engaging in a course of conduct,
   2. on the basis of sex,
   3. directed at the Complainant, that
      1. would cause a reasonable person to fear for the person’s safety, or
      2. the safety of others; or
      3. suffer substantial emotional distress.

For the purposes of this definition—

• Course of conduct means two or more acts, including, but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
• Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
• Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

The College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this Policy. The most serious offenses are likely to result in suspension/expulsion/termination.

A. Force, Coercion, Consent, and Incapacitation¹¹

As used in the offenses above, the following definitions and understandings apply:

Force: Force is the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

Coercion: Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, 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.

Consent is:

• knowing, and
• voluntary, and
• clear permission
• by word or action
• to engage in sexual activity. 

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their
consent, those conditions and limitations must be respected.

Proof of consent or non-consent is not a burden placed on either party involved in a complaint. Instead, the burden remains on the College to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

Consent in relationships must also be considered in context. When parties consent to BDSM12 or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, thus the College’s evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to policy that assumes non-kink relationships as a default.

Incapacitation: A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drug consumption. As stated above, a Respondent violates this Policy if they engage in sexual activity with someone who is incapable of giving consent. 

It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment. Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

B. Other Civil Rights Offenses

In addition to the forms of harassment described above, which are covered by Title IX, the College additionally prohibits the following offenses as forms of discrimination that may be within or outside of Title VI and Title IX when the act is based upon the Complainant’s actual or perceived protected characteristic.

1. Sexual Exploitation, defined as:

1. 1. an individual taking non-consensual or abusive sexual advantage of another,
   2. for their own benefit or for the benefit of anyone other than the person being exploited, and
   3. that conduct does not otherwise constitute Sexual Harassment under this Policy.

Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
• Invasion of sexual privacy (e.g., doxxing)
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
• Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity; or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
• Prostituting another person
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the
  virus, disease, or infection
• Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
• Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
• Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
• Knowingly soliciting a minor for sexual activity
• Engaging in sex trafficking
• Knowingly creating, possessing, or disseminating child sexual abuse images or recordings

 

2. Harm/Endangerment, defined as:

1. threatening or causing physical harm;
2. extreme verbal, emotional, or psychological abuse; or
3. other conduct which threatens or endangers the health or safety of any person or damages their property.

3. Discrimination, defined as:

1. actions that deprive, limit, or deny,
2. other members of the community,
3. of educational or employment access, benefits, or opportunities,
4. including disparate treatment.

4. Intimidation, defined as:

1. implied threats, or
2. acts that cause the Complainant reasonable fear of harm.

5. Hazing, defined as:

1. acts likely to cause physical or psychological harm or social ostracism,
2. to any person within the College community,
3. when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy).

6. Bullying, defined as:

1. repeated and/or severe aggressive behavior,
2. that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant,
3. that is not speech or conduct that is otherwise protected by the First Amendment. 

Violation of any other College policies may constitute a Civil Rights Offense when a violation is motivated by actual or perceived protected characteristic(s), and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities. Sanctions for the above-listed Civil Rights Offenses range from warning
through expulsion/termination.

C. Unethical Relationships Policy (As known as Appendix C in print version) Expectations Regarding Unethical Relationships

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions (such as faculty member and student or supervisor and employee). In reality, these relationships may be less consensual than perceived by the individual whose position confers power or authority. Similarly, the relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Circumstances may change, and conduct that was once welcome may, at some point in the relationship, become unwelcome.

Even when both parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a relevant Policy violation still exists. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the goals and policies of the College. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., faculty-student, staff-student) are generally discouraged. They may also violate standards of professionalism and/or professional ethics.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must bring these relationships to the timely attention of their supervisor and/or the Title IX and Equal Educational Opportunity (EEO) Coordinator. The existence of this type of
relationship will likely result in removing the supervisory or evaluative responsibilities from the employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an affected relationship existed prior to adoption of this Policy, the duty to notify the appropriate supervisor still pertains.

This type of relationship includes Resident Assistants (RAs) and students over whom the RA has direct responsibility. While no relationships are specifically prohibited by this Policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an employee. The Title IX and Equal Educational Opportunity (EEO) Coordinator will determine whether to refer violations of this provision to Human Resources for resolution, or to
pursue resolution under this Policy, based on the circumstances of the allegation. 

20. Retaliation

Protected activity under this Policy includes reporting alleged misconduct that may implicate this Policy, participating in the resolution process, supporting a Complainant or Respondent, assisting in providing information relevant to an investigation, and/or acting in good faith to oppose conduct that constitutes a violation of this Policy.

Acts of alleged retaliation should be reported immediately to either Title IX and Equal Educational Opportunity (EEO) Coordinator and will be promptly investigated. The College will take all appropriate and available steps to protect individuals who fear that they may be subjected to retaliation.

The College and any member of the College community are prohibited from taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding,
or hearing under this Policy and procedure. 

Filing a complaint under Process B could be considered retaliatory if those allegations could be subject to Process A, when the Process B allegations are made for the purpose of interfering with or circumventing any right or privilege provided afforded within Process A that is not provided by Process B. Therefore, the College carefully vets all complaints to ensure this does not happen, and to ensure that complaints are routed to the appropriate process.

The exercise of rights protected under the First Amendment does not constitute retaliation. Pursuing a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy and procedure does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

21. Mandated Reporting

All College employees (faculty, staff, administrators) are expected to report actual or suspected discrimination, harassment, and/or retaliation to appropriate officials immediately, although there are some limited exceptions.

To make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting institutional resources. Within the institution, some resources may maintain confidentiality and are not required to report actual or suspected harassment, discrimination, or retaliation in a way that identifies the parties. They may offer options and resources without any obligation to inform an outside agency or institution official unless a Complainant has requested the information be shared.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or policy violations, and these employees will immediately pass reports to either Title IX and Equal Educational Opportunity (EEO) Coordinator (and/or police, if desired by the Complainant or
required by law), who will act when an incident is reported to them.

The following sections describe the College reporting options for a Complainant or third party (including parents/guardians when appropriate):

A. Confidential Resources: If a Complainant would like the details of an incident to be kept confidential, the
Complainant may speak with:

• On-campus licensed professional counselors and staff
• Community-based (non-employees):
  • Licensed professional counselors and other medical providers
  • Local rape crisis counselors
  • Domestic violence resources
  • Local or state assistance agencies
  • Clergy/Chaplains
    • Attorneys

All the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, professional credentials, or official designation, except in extreme cases of immediacy of threat or danger or abuse of a minor, elder, and/or individual with a disability, or when required to disclose by law or court order.

Institutional counselors and/or the Employee Assistance Program are available to help free of charge and may be consulted on an emergency basis during normal business hours.

Employees who have confidentiality as described above, and who receive reports within the scope of their confidential roles will timely submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client, patient, or parishioner.

B. Mandated Reporters and Formal Notice/Complaints

All College employees (including student employees), with the exception of those who are designated as Confidential Resources, are Mandated Reporters and must promptly share with the Title IX and Equal Educational Opportunity (EEO) Coordinators all knowndetails of a report made to them in the course of their employment.

Employees must also promptly share all details of behaviors under this Policy that they observe or have knowledge of, even if not reported to them by a Complainant or third party.

Complainants may want to carefully consider whether they share personally identifiable details with non-confidential Mandated Reporters, as those details must be shared with the Title IX and Equal Educational Opportunity (EEO) Coordinators.

Generally, disclosures in climate surveys, classroom writing assignments or discussions, human subjects research, or at events such as “Take Back the Night” marches or speakouts do not provide notice that must be reported to the Title IX and Equal Educational Opportunity (EEO) Coordinators by employees, unless the Complainant clearly indicates that they desire a report to be made or a seek a specific response from the College. Supportive measures may be offered as the result of such disclosures without formal College action.

Failure of a Mandated Reporter, as described above in this section, to report an incident of harassment, discrimination, or retaliation of which they become aware is a violation of College Policy and can be subject to disciplinary action for failure to comply/failure to report.

Though this may seem obvious, when a Mandated Reporter is engaged in harassment or other violations of this Policy, they still have a duty to report their own misconduct, though the College is technically not on notice simply because a harasser is also a Mandated Reporter unless the harasser does in fact report themselves. Finally, it is important to clarify that a Mandated Reporter who is themselves a target of harassment or other misconduct under this Policy is not required to report their own experience, though they are, of course, encouraged to do so. 

22. When a Complainant Does Not Wish to Proceed

If a Complainant does not wish for their name to be shared, does not wish for an investigation to take place, and/or does not want a Formal Complaint to be pursued, they may make such a request to the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator, who will evaluate that request considering the duty to ensure the safety of the institution and to comply with state or federal law.

The Title IX and Equal Educational Opportunity (EEO) Coordinators have ultimate discretion over whether the College proceeds when the Complainant does not wish to do so, and the Title IX and Equal Educational Opportunity (EEO) Coordinators may sign a Formal Complaint to initiate a grievance process, usually upon completion of an appropriate violence risk assessment.

The Title IX and Equal Educational Opportunity (EEO) Coordinators’ decision should be based on results of the violence risk assessment that show a compelling risk to health and/or safety that requires the College to pursue formal action to protect the community.

A compelling risk to health and/or safety may result from evidence of patterns of misconduct, predatory conduct, threats, abuse of minors, use of weapons, and/or violence. The College may be compelled to act on alleged employee misconduct irrespective of a Complainant’s wishes.

The Title IX and Equal Educational Opportunity (EEO) Coordinators must also consider the effect that non-participation by the Complainant may have on the availability of evidence and the College’s ability to pursue a Formal Grievance Process fairly and effectively. When either Title IX and Equal Educational Opportunity (EEO) Coordinator executes the written complaint, they do not become the Complainant. The Complainant is the individual who is alleged to be the victim of conduct that could constitute a violation of this Policy.

When the College proceeds, the Complainant (and/or their Advisor) may have as much or as little involvement in the process as they wish. The Complainant retains all rights of a Complainant under this Policy irrespective of their level of participation. Typically, when the Complainant chooses not to participate, the Advisor may be appointed as proxy for the Complainant throughout the process, acting to ensure and protect the rights of the Complainant, though this does not extend to the provision of evidence or testimony. 

Note that the College’s ability to remedy and respond to notice may be limited if the Complainant does not want the College to proceed with an investigation and/or grievance process. The goal is to provide the Complainant with as much control over the process as possible, while balancing the College’s obligation to protect its community. 

In cases in which the Complainant requests confidentiality/no formal action and the circumstances allow the College to honor that request, the College may offer Informal Resolution options, supportive measures, and remedies to the Complainant and the community, but will not otherwise pursue formal action.

If the Complainant elects to take no action, they can change that decision if they decide to pursue a Formal Complaint at a later date. Upon making a Formal Complaint, a Complainant has the right, and can expect, to have allegations taken seriously by the College and to have the incidents investigated and properly resolved through these procedures. Please consider that delays may cause limitations on access to evidence, or present issues with respect to the status of the parties. 

23. Federal Timely Warning Obligations

The College must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the campus community. The College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the potential danger.

24. False Allegations and Evidence

Deliberately false and/or malicious accusations under this Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a policy violation determination.

Additionally, witnesses and parties knowingly providing false evidence, tampering with or destroying evidence, or deliberately misleading an official conducting an investigation, hearing, or informal resolution can be subject to discipline under appropriate College policies.

25. Amnesty

The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the College community that Complainants choose to report misconduct to College officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process. To encourage reporting and participation in the process, the College maintains a policy of offering parties and witnesses amnesty from minor policy violations–such as underage consumption of alcohol or the use of illicit drugs–related to the incident.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a Respondent is based onany protected characteristic , but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty–the incentive to report serious misconduct–is rarely applicable to Respondent with respect to a Complainant.

Sometimes, students are hesitant to assist others for fear that they may get in trouble themselves (for example, an underage student who has been drinking or using marijuana might hesitate to help take an individual who has experienced sexual assault to the Campus Safety & Security).

The College maintains a policy of amnesty for students who offer help to others in need. Although policy violations cannot be overlooked, the College may provide purely educational options with no official disciplinary finding, rather than punitive sanctions, to those who offer their assistance to others in need.

26. Federal Statistical Reporting Obligations

Certain institutional officials–those deemed Campus Security Authorities–have a duty to report the following for federal statistical reporting purposes (Clery Act):

1. All “primary crimes,” which include criminal homicide, rape, fondling, incest, statutory rape, robbery, aggravated assault, burglary, motor vehicle theft, and arson.
2. Hate crimes, which include any bias-motivated primary crime as well as any biasmotivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property.
3. VAWA-based crimes,¹³ which include sexual assault, domestic violence, dating violence, and stalking.
4. Arrests and referrals for disciplinary action for weapons-related law violations, liquorrelated law violations, and drug law violations.

All personally identifiable information is kept private, but statistical information must be shared with the Vice President for Student Affairs regarding the type of incident and its general location (on or off campus or in the surrounding area, but no addresses are given) for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include student affairs/student conduct staff, campus law enforcement/public safety/security, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations, and any other official with significant responsibility for student and campus activities.

27. Preservation of Evidence

The preservation of evidence in incidents of sexual assault and stalking is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. The College will inform the Complainant of the importance of preserving evidence by taking actions such as the following:

Sexual Assault

• Seek forensic medical assistance at the Mosaic Life Care of St. Joseph Medical Center in St. Joseph Missouri, ideally within 120 hours of the incident (sooner is better).
• Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
• If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth.
• If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure evidence container.
• Seeking medical treatment can be essential even if it is not for the purposes of collecting forensic evidence.

Stalking

• Evidence in the form of text and voice messages will be lost in most cases if the Complainant changes their phone number.
  • Make a secondary recording of any voice messages and/or save the audio files to a cloud server.
  • Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook).
    • Save copies of e-mail and social media correspondence, including notifications related to account access alerts.
    • Take timestamped photographs of any physical evidence including notes, gifts, etc. in place when possible.
    • Save copies of any messages, to include those showing any request for no further contact.
    • Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible.

During the initial meeting between the Complainant and the appropriate Title IX and Equal Educational Opportunity (EEO) Coordinator, the importance of taking these actions will be discussed, if timely.