May 09, 2024  
Student Handbook 2022-23 
    
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Student Handbook 2022-23

Safety and Security

Sex Offender Registry

Incarceration may remove a sex offender from the streets, but it does nothing to prevent the offender from committing another crime when released. CCC supports The Federal Campus Sex Crimes Prevention Act, enacted October 28, 2000, which went into effect in 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. It also requires sex offenders, already required to register in a state, to provide notice to each institution of higher education in that state in which the person is employed, carries on a vocation or is a student.

The State of Kansas maintains a system for making certain registry information on sex offenders publicly available by means of the Internet. The web site address for this related information is www.kbi.ks.gov/registeredoffender/ or you can access the Coffeyville Community College web page at http://www.coffeyville.edu/community/Campus-Crime-Report.cfm/

Campus Crime and Security

Coffeyville Community College strives to provide a safe and secure environment for its campus community members. Each year, CCC publishes an Annual Security and Fire Safety Report which discusses topics such as crime prevention, to whom crime reports should be filed, resources for victims of crimes, emergency procedures, and other matters of importance related to security and safety at CCC. The report also contains statistics for specific crimes reported to have occurred on certain property owned or controlled by the College over the past three calendar years. This report is available on the CCC website at: http://www.coffeyville.edu/studentser- vices/files/Documents/Crime%20Report/Coffeyville_REVISED_2016_Annual_Security_and_Fire_Safety_Report.pdf. If you would like to receive a hard copy of the report at no charge, you may do so by making a request to the Vice President for Operations and Finance at 620-252-7177, morris.jeff@coffeyville.edu or the Business Office located on the second floor of the Student Union.

Students are strongly encouraged to report all crimes and suspicious activity to a College Administrator or a Residence Hall Director, faculty/staff member or the switchboard operator immediately.

Policy Statement

Coffeyville Community College (the “College”) is committed to providing a learning, working, and living environment that promotes personal integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex. The College considers sex discrimination in all its forms to be a serious offense. Sex discrimination constitutes a violation of this policy, is unacceptable, and will not be tolerated. Sex discrimination includes discrimination on the basis of pregnancy and failure to conform to stereotypical notions of femininity and masculinity (i.e., gender stereotyping).

Sexual harassment, whether verbal, physical, visual, or digital, is a form of prohibited sex discrimination, and sexual violence is a particularly severe form of sexual harassment. These terms are defined on Sexual Harassment.

Scope

This policy applies to all College employees, including staff, faculty, and administrators; 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 sex discrimination, sexual harassment, and sexual violence 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 sex discrimination, sexual harassment, and sexual violence extends to all aspects of its educational programs and activities, including, but not limited to, admissions, employment, academics, athletics, housing, and student services.

The College has jurisdiction over conduct covered by this policy 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.

Title IX Statement

It is the policy of the College to comply with Title IX of the Education Amendments of 1972 and its implementing regulations, which prohibit discrimination based on sex 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 to coordinate its compliance with Title IX and to receive inquiries regarding Title IX, including complaints of sex discrimination:

Kelli Bauer
Human Resources Office, Pat Walker Alumni Center Title IX Coordinator
620-252-7180
bauer.kelli@coffeyville.edu

The College has also designated the following Deputy Title IX Coordinator to assist the Title IX Coordinator in carrying out his or her duties under this policy:
Dean of Students
Student Services Title IX Deputy Coordinator
620-252-7095
hull.yvonne@coffeyville.edu

A 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.

Suicide Prevention

The College works with Four County Mental Health to provide mental health assistance for those in need. Four County maybe reached by calling 800.499.1748 for Emergency Services. To schedule an appointment with a counselor call 620.251.8180 or stop by the office at 1601 W. 4th, Coffeyville, KS 67337

The National Suicide Prevention Lifeline is 800.273.TALK (8255)

Call 911

Sexual Misconduct

Sexual Misconduct

“Sexual misconduct” is an umbrella term covering sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking. This term will be used throughout the remainder of this policy and when collectively referring to these types of conduct.

Sex Discrimination

Sex discrimination occurs when persons are excluded from participation in, or denied the benefits of, any College program or activity because of their sex. Sex discrimination can include adverse treatment based on one’s sex, as well as the other prohibited conduct outlined below.

Sexual Harassment

Definition of Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature and includes sexual advances, requests for sexual favors, and other verbal, physical, visual, or digital conduct of a sexual nature when:

  • Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual’s employment or education;
  • Submission to or rejection of such conduct by an individual is used or threatened to be used as the basis for academic or employment decisions affecting that individual; or
  • Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment.
  • In determining whether a hostile environment exists, the College will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the victim’s participation in the College’s programs and activities, the nature and severity of the conduct at issue, the frequency and duration of the conduct, the relationship between the parties (including accounting for any power differential), the respective ages of the parties, the context in which the conduct occurred, and the number of persons affected.

Examples of Sexual Harassment

Some examples of sexual harassment include:

  • Pressure for a dating, romantic, or intimate relationship, or for sexual activity
  • Unwelcome touching, kissing, hugging, rubbing, or massaging
  • Unnecessary references to parts of the body
  • Sexual innuendos, jokes, humor, or gestures
  • Displaying sexual graffiti, pictures, videos or posters
  • Using sexually explicit profanity
  • Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities
  • Social media 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 or text messages
  • Commenting on a person’s dress in a sexual manner
  • Giving unwelcome personal gifts such as flowers, chocolates, or lingerie that suggest the desire for a romantic relationship
  • Commenting on a person’s body, gender, sexual relationships, or sexual activities
  • Harassing a male because he “isn’t manly enough” or a female because she “is too manly”
  • Sexual violence (as defined below)

Such actions are prohibited not only by College policy, but also by the Title VII, section 703, of the Civil Rights Act of 1963 and Title IX of Education Amendments Act of 1972. Violations may be subject the individual to disciplinary action and may have legal consequences.

Sexual Violence

Definition of Sexual Violence

Sexual violence is a particularly severe 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 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. Other types of conduct may also constitute sexual violence.

Examples of Sexual Violence

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
  • The use of force or coercion to effect sexual intercourse or some other form of sexual contact with a person who has not given consent
  • Unwilling sexual penetration (anal, vaginal, or oral) or other sexual touching with any object or body part that is committed by force, threat, intimidation, or otherwise without consent
  • Having sexual intercourse with a person who is unconscious because of drug or alcohol use
  • Hazing that involves penetrating a person’s vagina or anus with an object
  • Sexual exploitation, which includes, but is not limited to, the following:
  • Sexual voyeurism
  • Use of the “date rape drug” to effect sexual intercourse or some other form of sexual contact with a person
  • Knowingly transmitting a sexually transmitted disease such as HIV to another person through sexual activity
  • Secretly videotaping or photographing sexual activity where the other party has not consented
  • Disseminating sexual pictures or videos of another person without consent regardless if the pictures or videos were obtained with consent
  • Prostituting another person

Consent

Lack of consent is a critical factor in determining whether sexual violence has occurred. Consent is informed, freely given, and mutually understood. Consent requires an affirmative act or statement by each participant. Consent is not passive.

  • If coercion, intimidation, threats, and/or physical force are used, there is no consent
  • If a person is mentally or physically 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
  • Warning signs of when a person may be incapacitated due to drug and/or alcohol use include: slurred speech, falling down, passing out, and vomiting
  • 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 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
  • Being in a romantic relationship with someone does not imply consent to any form of sexual activity
  • Effective consent may not exist when there is a disparity in power between the parties (e.g., faculty/student, supervisor/employee)

Domestic Violence, Dating Violence, and Stalking

The crimes of domestic violence, dating violence and stalking can also constitute sexual misconduct when motivated by a person’s sex. These types of conduct, no matter the motivation behind them, are a violation of this policy and will be addressed pursuant to the Complaint Resolution Procedures below.

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 of 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.

  • The definition of domestic violence under Kansas law can be found at Kan. Stat. Ann. § 21-511.

Dating Violence

“Dating violence” means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

  • Kansas law does not specifically define dating violence, but conduct of this nature is covered by the definition of domestic violence found at Kan. Stat. Ann. § 21-511.

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.

  • Stalking can include conduct that occurs via electronic communications, including social media (i.e., cyberstalking)
  • The definition of stalking under Kansas law can be found at Kan. Stat. Ann. § 21-5427.

Roles and Responsibilities

Title IX Coordinator

It is the responsibility of the Title IX Coordinator to: (1) ensure the College’s compliance with Title IX; (2) identify and address any patterns or systemic problems of sexual misconduct at the College; (3) coordinate dissemination of information and education and training programs; (4) receive complaints under this policy; (5) assist members of the College Community in understanding that sexual misconduct is prohibited by this policy; (6) answer questions about this policy; (7) ensure that employees and students are aware of the procedures for reporting and addressing complaints of sexual misconduct; and (8) to implement the Complaint Resolution Procedures or to designate appropriate persons for implementing the Complaint Resolution Procedures. The Deputy Title IX Coordinator will assist the Title IX Coordinator in carrying out these responsibilities.

Administrators, Deans, Division Chairs, and Other Managers

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

  • Inform employees under their direction or supervision of this policy
  • Work with the Title IX Coordinator to implement education and training programs for employees and students
  • Implement any corrective actions that are imposed as a result of findings of a violation of this policy

Employees

Throughout this policy, the term “employees” includes all faculty, staff, and administrators. It is the responsibility of employees to review this policy and comply with it.

Students

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

The College

When the College is aware that a member of the College Community may have been subjected to or affected by conduct that violates this policy, the College will take prompt action, including a review of the matter and, if necessary, an investigation and appropriate steps to stop and remedy the sexual misconduct. The College will act in accordance with its Complaint Resolution Procedures.

Complaints

Making a
Complaint
Employees

All College employees have a duty to report sexual misconduct to the Title IX Coordinator or Deputy Title IX Coordinator when they receive a report of such conduct, witness such conduct, or otherwise obtain information about such conduct. This includes employees who may have a professional license requiring confidentiality if they are not employed by the College in that professional role. These reports by employees cannot be made anonymously.

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 those identified in Section VI.A.4 of this policy.

Students

Students who wish to report sexual misconduct should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator. Students may also file a complaint anonymously by utilizing the Report and Incident/Concern option located at the bottom of the College’s main webpage at www.coffeyville.edu.

Students should be aware that all employees at the College, other than those identified as confidential resources in Section VI.A.4 below, have an obligation to report information about sexual misconduct to the Title IX Coordinator for review and investigation, and they may not keep this information confidential.

Students may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III above.

Other Persons

Any other persons who are involved in the College’s programs and activities, including visitors on campus, who wish to report sexual misconduct should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator. They may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III above.

Confidential On-Campus Resource

While the College does not employ professional counselors, it does employ a Student Health Nurse. This employee is not required to report personally identifying information about an incident of sexual misconduct to the Title IX Coordinator and thus will maintain your confidentiality. While this resource can keep information confidential, he/she is required to make a non-identifying report of sexual misconduct to the Title IX Coordinator so that the systemic issues or patterns of sexual misconduct on campus can be identified and addressed if necessary.

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 conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4) contact information for the complainant so that the College may follow up appropriately.

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 (“Rights and Options After Filing a Complaint Under the College’s Sexual Misconduct 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 com- plaint has been filed will also be given similar information about the process and resources.

Conduct that Constitutes a Crime

Any person who wishes to make a complaint of sexual misconduct that also constitutes a crime-including sexual violence, domestic violence, dating violence, or stalking-is encouraged to make a complaint 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.

Special Guidance Concerning Complaints 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. When a physical crime of violence has been perpetrated against you, the College recommends that you immediately go to the emergency room of a local hospital and contact local law enforcement, in addition to making a prompt complaint under this policy.

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. As necessary to preserve evidence, 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 other types of evidence such as letters, emails, text messages, social media posts, etc., rather than evidence of physical contact and violence. While preserving these types of evidence is important in all situations, they may be the only evidence available in cases of stalking.

Once a complaint of sexual violence, domestic violence, dating violence, or stalking is made to the College, 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 through the College
  • Requesting that no further action be taken
  • Requesting further information about the College’s policy and procedures for addressing sexual misconduct
  • Requesting further information about available resources

Information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims of sexual misconduct can be found in the appendix of this document. Please contact the Title IX Coordinator or Deputy Title IX Coordinator if you have any questions about these resources or need assistance in accessing them.

Vendors, Contractors, and Third-Parties

This policy applies to the conduct of vendors, contractors, and third parties. Members of the College Community who believe they have been subject to sexual misconduct in violation of this policy by a vendor, contractor, or other third party can make a complaint in the manner set forth in this section.

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.

Protecting the Complainant

Pending final outcome of an investigation in accordance with the Complaint Resolution Procedures, the College will take steps to protect the complainant from further discrimination or harassment. This may include assisting and allowing the complainant to change his or her academic, living, transportation, or work situation, to the extent that the College has control over these environments, if options to do so are reasonably available and upon request of the complainant. Such changes may be available regardless of whether the victim chooses to report the crime to Campus Security or local law enforcement. Requests to change an academic, living, transportation, or work situation, or for any other protective measure, should be made to the Title IX Coordinator or Deputy Title IX Coordinator. The College will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the accommodations or protective measures.

If a complainant has obtained an ex parte order of protection, full order of protection, or any other temporary restraining order or 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 or Deputy Title IX Coordinator. The College, in conjunction with Campus Security and other College officials as necessary, will take all reasonable and legal action to implement the order.

Amnesty

The College recognizes that an individual who has been drinking alcohol or using drugs may be hesitant to report sexual misconduct. To encourage reporting, the College will not take disciplinary action for drug or alcohol use against an individual making a good faith report of sexual misconduct, either as the complainant or as a witness, provided that these conduct violations did not and do not place the health or safety of any other person at risk. The College may, however, require the reporting individual to attend a course or pursue other educational interventions related to alcohol and drugs.

The College’s commitment to amnesty in these situations does not prevent action by police or other legal authorities against an individual who has illegally consumed alcohol or drugs.

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.

Investigation and Confidentiality

All complaints of sexual misconduct will be promptly and thoroughly investigated in accordance with the Complaint Resolution Procedures, and the College will take disciplinary 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 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 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, though this responsibility may be delegated to the Deputy Title IX Coordinator. The Title IX Coordinator (or Deputy Title IX Coordinator) may consult with other appropriate College officials and legal counsel as necessary.

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

Resolution

If a complaint of sexual misconduct is found to be substantiated, the College will take appropriate corrective and remedial action to prevent the recurrence of the conduct and correct its discriminatory effects. Students and employees found to be in violation of this policy will be subject to discipline up to and including written reprimand, probation, suspension, 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 counseling for the complainant, academic, transportation, work, or living accommodations for the complainant, separation of the parties, and training for the respondent and other persons.

Bad Faith Complaints

While the College encourages all good faith complaints of sexual misconduct, the College has the responsibility to balance the rights of all parties. 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.

Academic Freedom

While the College is committed to the principles of free inquiry and free expression, sexual misconduct is neither legally protected expression nor the proper exercise of academic freedom.

Education

Because the College recognizes that the prevention of sexual misconduct is important, 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 elements, such training will cover relevant definitions, procedures, and sanctions; will provide safe and positive options for bystander intervention; and will provide risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks. To learn more about education resources, please contact the Title IX Coordinator.

Sexual Misconduct Complaint Resolution Procedures

General Principles

  1. 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.
  2. Administration
    For purposes of these Complaint Resolution Procedures, “Investigating Officer” means the individual(s) designated by the Title IX Coordinator to investigate a particular complaint (and may include the Title IX Coordinator and/or Deputy Title IX Coordinator). The Investigating Officer shall have responsibility for administering these Complaint Resolution Procedures.
  3. Promptness, Fairness and Impartiality
    These procedures provide for prompt, fair, and impartial investigations and resolutions. All College officials involved in the investigation or appeal process shall discharge their obligations under these Complaint Resolution Procedures fairly and impartially. If an involved College official 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, another appropriate individual will be designated to administer these procedures.
  4. Training
    These procedures will be implemented by College officials who receive annual training on the issues related to sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking and how to conduct an investigation that protects the safety of victims and promotes accountability.

Investigation and Resolution of the Complaint

Preliminary Matters

  1. 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.

Informal Resolution

Informal means of resolution, such as mediation, may be used in lieu of the formal investigation and determination procedure. The following stands 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)
  • 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 described below
  • Informal resolution in the form of mediation, even on a voluntary basis, will not be used to resolve complaints alleging sexual assault

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 the Sexual Misconduct Policy.

Preponderance of the Evidence Standard

In making any determination on the resolution of the complaint, the evidentiary standard is the preponderance of the evidence; that is, whether it is more likely than not that sexual misconduct occurred.

Support Person/Advisor

During the investigation process, both a complainant and a respondent may ask a support person/advisor to accompany him or her at all stages of the process. In cases involving multiple complainants or respondents, the support person/advisor cannot be another complainant or respondent. The support person/advisor 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. A support person/ advisor may be removed if he or she becomes disruptive or does not abide by the limitations discussed in the previous sentence. A support person/advisor will be asked to sign an affirmation that he or she understands his or her role in the process.

If a party will be bringing an attorney as a support person/advisor, the party must notify he Investigating Officer in writing at least 48 hours in advance of the meeting. The College may choose to have its own attorney attend the meeting as well in such circumstances.

While the College may adjust the time/date of a meeting to accommodate the schedule of a preferred support person/advisor when a request for such change is reasonable and timely, the circumstances surrounding the requested change may result in the College moving forward with the meeting as planned.

Pending Criminal Investigation

  1. Title IX
    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.
  2. Rights of the Parties
    During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights. They include:
    • 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 should the Investigating Officer share such information with the other party
    • Equal opportunity to appeal determinations pursuant to Section III, below
  3. 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.
  4. 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. 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. All parties and witnesses involved in the investigation are expected to cooperate and provide complete and truthful information.
  5. Resolution
    At the conclusion of the investigation, the Investigating Officer will prepare a 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. The report will be provided to the Title IX Coordinator (if the Title IX Coordinator was not an Investigating Officer).

    If the written report determines that sexual misconduct occurred, the Title IX Coordinator, in consultation with the Deputy Title IX Coordinator(s) or other College officials as needed, shall set forth in an addendum to the written report those steps necessary to maintain an environment free from discrimination and harassment 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 discrimination, harassment, 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 be simultaneously provided a copy of the written report and any addendum within three (3) days of its completion. 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 notification of the written report provided to the parties will include a description of the appeal procedures set forth in Section III, below. The written report of the Investigating Officer, and the addendum if applicable, shall be final subject only to the right of appeal set forth in Section III, below.
  6. Special Procedure Concerning Complaints Against the President, the Title IX Coordinator, or Other Administrators Ranked Higher than the Title IX Coordinator
    If a complaint involves alleged conduct on the part of the College’s President, the College’s Board of Trustees (“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 and, as necessary, implementing any sanctions or remedial measures. The determination of the Board 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 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 and, as necessary, implementing any sanctions or remedial measures. The determination of the President is final and not subject to appeal.

Appeals

Grounds for 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

Method of Appeal

Appeals must be filed with the Vice President for Operations and Finance or his/her designee (“Appeals Officer”) within seven (7) days of receipt of the written report determining the outcome of the complaint. The appeal must be in writing and contain the following:

  1. Name of the complainant
  2. Name of the respondent
  3. A statement of the determination of the complaint, including corrective action if any
  4. A detailed statement of the basis for the appeal including the specific facts, circumstances, and argument in support of it, and
  5. Requested action, if any

When an appeal has been filed, the non-appealing party will be notified of such in writing. The appealing party may request a meeting with the Appeals Officer, but the decision to grant a meeting is within the Appeals Officer’s discretion. However, if a meeting is granted, then the other party will be granted a similar opportunity.

Resolution of the Appeal

The Appeals Officer will resolve the appeal within ten (10) days of receiving it and may take any and all actions that he/she deter- mines to be in the interest of a fair and just decision. The parties will be notified in writing if the Appeals Officer’s decision will take longer than 10 days. The decision of the Appeals Officer is final. The Appeals Officer 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 and/or the sanctions and remedial measures imposed. The written statement shall be simultaneously 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, the Deputy Title IX Coordinator(s), and the Appeals Officer, as the case may be, are responsible for maintaining documentation of 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.

Intersection With Other Procedures

These complaint resolution procedures are the exclusive means of resolving complaints alleging violations of the Sexual Misconduct Policy. To the extent there are any inconsistencies between these complaint resolution procedures and other College grievance, com- plaint, or discipline procedures, these complaint resolution procedures will control the resolution of complaints alleging violations of the Sexual Misconduct Policy.

Appendix

Campus and Community Resources for Victims of Sexual Misconduct

Below is a list of campus and community resources that may be helpful to a victim of a sexual misconduct. Please contact the Title IX Coordinator or the Deputy Title IX Coordinator if you want to discuss these resources or other resources that may be available.

Missing Person Procedure

Coffeyville Community College believes every effort should be taken to provide a safe environment for a student’s study and recreational pursuits. Safety and security is, however, a shared responsibility. No plan or procedure is effective unless the entire campus community strives to recognize the importance. The following missing student notification procedure has been established in response to the Higher Education Opportunity Act of 2008 which mandates that all institutions with Residential Housing must have a plan in place.

A student may be considered to be a “missing person” when he/she is reported as missing by another individual and/or when there is suspicion the missing person is absent from campus due to a health or safety issue such as a victim of a crime, an abusive relationship, expressed distressful comments such as suicidal comments, etc.

All reports of missing students shall be directed to the office of the Sr. Director of Community Relations & Student Services. When a student is reported missing, Student Life Staff will initiate an investigation and proceed in the following manner:

  • Verify student is not in assigned Resident Hall room, in their scheduled academic class and/or at their scheduled activity (i.e. activity/athletic practice, game, performance).
  • If the student has registered a vehicle on campus, check all parking lots to determine if vehicle is on campus.
  • If the student has listed a cell phone number on the enrollment form, call and send a text message to the phone number.
  • Contact Activity Sponsor and/or Athletic Coach, if applicable, to identify last contact with student.
  • Contact roommate in addition to individuals in the suite and quad to determine the last sighting of the student.
  • If the individual has a student email account, send an email.
  • Email and/or phone the student’s instructors to pinpoint the last class period the student attended.
  • Check Social Networking sites such as Facebook/Twitter to identify the student’s last log in status time.
  • Conduct a quick, but thorough, search of all Resident Hall rooms.
  • Resident Hall contracts specifically state CCC will notify parent or guardian in case of an emergency or in a situation which is deemed to be a potential risk to a student’s health or safety. Phone parent/guardian to identify their last contact.
  • Notify the local Police Department if the above actions are not successful in locating the student within 24 hours.
  • CCC may disclose the following information, in response to a law enforcement request, or the purpose of identifying or locating a missing person, material witness, fugitive or suspect: 
  • Name and Address
  • Date and place of birth
  • Social Security Number
  • A description of distinguishing physical characteristics such as height, weight, gender, race, hair and eye color, scars, tattoos, etc.
  • Vehicle registration information such as automobile make, model, and tag number, etc.
  • Implement the Crisis Management Contingency Plan.

Handling Obscene or Harassing Phone Calls

A telephone call is considered obscene or harassing if it is received at a location where you have a reasonable expectation of privacy and the caller makes repeated calls or makes any comment, request, suggestion or proposal which is obscene, lewd, filthy, vulgar or indecent. If you receive harassing or obscene phone calls:

  • Report obscene or harassing phone calls received on-campus to the Sr. Director of Community Relations & Student Services or the Director of Human Resources.
  • Pay attention to any background noises, the caller’s sex, accent, speech pattern or anything else to aid in identification.
  • Keep a log of calls received. Include the date, time and details of the call.
  • If calls are recorded on voice mail, save the recording.

Any calls that may threaten your personal well-being, safety or property should be reported immediately to the Police Department at 911.

Date Rape

Being forced into having sex - even if it is by someone you know - is still rape, and it is a crime. Nothing you do, say or wear gives anyone the right to assault you sexually or otherwise. Rape, whether by a stranger or someone you know, is a violation of your body and your trust.

If this happens to you:

  • Tell someone - the police, a friend, the rape crisis center, a counselor.
  • Do not isolate yourself, do not feel guilty, and do not try to ignore it.
  • Do not shower, wash, douche or change your clothes, even though that is your immediate reaction. If you choose to press charges, the evidence will be there.
  • Seek medical attention.
  • You may have internal injuries.
  • Don’t live with the fear of VD, AIDS, or an unwanted pregnancy.
  • Get counseling to help you deal with your feelings.

If it happens to someone you know:

  • Listen. Do not judge.
  • Give comfort. Let them know they are not to blame. Realize an individual may be dealing with fear, embarrassment, humiliation and guilt.
  • Encourage action. Stand by their decision to call the police, contact a hotline and go to the hospital.
  • Do not be overly protective. Encourage them to make decisions and take control as soon as they feel able.
  • Don’t let your feelings get in the way of helping an individual.

Personal Safety Reminders

  • Practice being aware of your surroundings and of the behavior of the people around you. Follow your intuition; trust your feelings about a situation.
  • Be aware of your feelings when you are faced with situations in which you do not feel relaxed or in charge. If you feel uncomfortable, act on it.
  • Be aware that alcohol and drugs compromise your awareness and your ability to identify and act on your feelings. They also increase the opportunity for victimization and violate the CCC Drug and Alcohol Policy.
  • In general, the more information you have about a person, a situation and your own feelings and reactions, the safer you will feel.
  • Practice the buddy system; when working after hours let others know where you are, what time you plan to return, how to reach you and what route you will take.
  • When studying or working late, make sure doors are locked. Avoid using stairs in remote sections of a building.
  • Never prop doors open, especially fire doors, even for a short period of time.
  • Don’t leave your purse, backpack, briefcase or laptop computer unattended or unoccupied. If possible, always secure valuables in a locked cabinet or drawer. Avoid leaving valuables on or beneath a desk.
  • Report suspicious persons and/or activity to administrators, campus security, Student Life Managers, Director of Student Life, faculty or custodians.
  • Never leave your drink unattended because there are colorless and odorless drugs used in drug facilitated sexual assault which can be slipped into any type of beverage. If you leave your drink unattended, do not finish it. Get a new one.
  • If you think your drink has been tampered with, seek medical attention immediately and request the hospital to conduct toxicology testing.

Impaired Driving in Kansas

In Kansas, it is against the law to drive or attempt to operate a motor vehicle while having a blood or breath alcohol concentration of .08 or higher. The Kansas Legislature passed a new law known as Zero Tolerance which made it illegal for young people less than 21 years of age to operate or attempt to operate a motor vehicle in Kansas with a breath or blood alcohol content above 0.0. Sobriety checkpoints are regularly set up to remove impaired drivers from Kansas roads. The purpose of these checkpoints is not to inconvenience or harass the motorist, but to decrease traffic crashes and save lives by removing the intoxicated driver.

Security at College Facilities

  1. The facilities of CCC are to provide a service generally limited to students, employees and visitors for the purpose of study, work, teaching and conducting other College business. Only those approved by the Vice President for Operations and Finance and who have demonstrated a need are issued keys to a building, classroom, office or lab.
  2. Due to issues involving safety, insurance, liability, theft and vandalism, students may only use College facilities when super- vised by a faculty or staff member.
  3. The campus security service has the authority to enforce College security policies. The campus security service works through the Coffeyville Police Department and the Montgomery County Sheriff ‘s Department to enforce State and City laws. Students, faculty and staff are encouraged to report all crimes which occur on campus to the appropriate College official or the local police.