Definitions

Need Assistance?

If in immediate danger, call 911 or DPS/Campus Police. Campus phone: Ext. 8545 Cell phone: 636-922-8545

For immediate 24/7 assistance related to a sexual assault, call the Bridgeway 24-hour crisis lines:

If you are in St. Charles County, call 1-877-946-6854 or 636-946-6854.

If you are in Lincoln County, call 1-877-462-1758.

If you are outside St. Charles County, call the RAINN at 1-800-656-HOPE (4673) or visit rainn.org.

Definitions

Advisor

The reporting party and the responding party have the opportunity to have an advisor of the individual's choosing present during any investigative and/or disciplinary meetings. The role of the advisor is solely to support the individual. The advisor is not permitted to ask or answer questions, serve as a witness, or make a statement on behalf of the complainant or accused. The college is not responsible for providing the reporting party or the responding party with an advisor.

Alcohol Amnesty

The College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time an incident of sexual violence occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. The College strongly encourages students to report incidents of sexual violence to campus officials. A student bystander reporting in good faith or a student victim reporting sexual violence will not be subject to campus conduct action for violations of alcohol and/or drug use policies occurring at or near the time of the sexual violence.

Appeals Process

In cases of sexual harassment or sexual violence, both the reporting party and the responding party have the right to appeal the outcome of the investigation. In all other concerns, the responding party has the right to appeal the outcome of investigation. Appeals are handled within the applicable policy listed in the Sanctions and Appeals section below.

Bystander Intervention

Bystanders play a critical role in the prevention of sexual and relationship violence. They are "individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up or do something about it."

Consent

In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent can be given by word or action, but non-verbal consent is not as clear. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Consent must be freely given.

In order to give effective consent one must be of legal age and capable of making such decision. Agreement does not constitute consent if: (a) it is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or (b) it is given by a person who by reason of youth, mental disease or defect, incapacitation, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or (c) it is induced by force, duress, or deception.

Dating Violence

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 based on the reporting party'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. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Discrimination

The college is committed to non-discrimination and equal opportunity regarding the treatment of students, faculty and staff. In compliance with Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other federal and state laws and regulations, the college adheres to a strict non-discrimination policy in student admission, educational programs, activities, and employment regardless of race, color, sex, sexual orientation, religion, creed, national origin, ancestry, age, veteran status, disability, or genetic information.

Title IX of the Education Amendments of 1972 requires that the college does not discriminate on the basis of sex in the education programs or activities it operates.

Domestic Violence

A felony or misdemeanor crime of violence committed:

  • By a current or former spouse or intimate partner of the victim;
  • By a person with whom the victim shares a child in common;
  • By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
  • 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.
Interim Interventions and Protective Measures

Following a report of sexual violence or sexual harassment, the Title IX Coordinator will determine whether interim measures should be implemented and are reasonably available and, if so, take steps to implement those interim interventions as soon as possible. Examples of interim measures include: a college order of no contact, adjustment of course schedules, a leave of absence, reassignment to a different supervisor or position, or interim/administrative suspension. These remedies may be applied to one, both, or multiple parties involved. Violations of directives and/or interim measures may result in corrective action in accordance with the policy noted below in the Sanctions and Appeals section. Interim measures imposed may be temporary pending the results of the investigation/disciplinary procedures or may become permanent as determined by the College.

Investigation Process

The college takes all reports of discrimination, harassment, sexual harassment and sexual violence very seriously and responds to such reports in a prompt, equitable and impartial manner.

PROCESS TIME FRAME
Investigation into allegations of sexual misconduct will be completed as soon as practicable and typically concludes within 60 days.

INVESTIGATION PROCESS
Determinations of whether the responding party is deemed responsible for the alleged behavior will be based on the preponderance of evidence standard. A preponderance of the evidence exists when a reasonable person, after a careful balancing of available information, would conclude that it is more likely than not that a violation of this policy occurred and that the responding party is responsible for the violation.

PRELIMINARY INQUIRY
Upon receipt of a complaint, the Title IX Coordinator will complete a preliminary inquiry to determine whether there is reasonable cause to believe a violation of policy/procedures has occurred. A preliminary inquiry may include interviews with the reporting party, responding party, witnesses, and other relevant parties. If no reasonable cause is found to initiate a case, the Title IX Coordinator will forward all information gathered in the preliminary inquiry for additional review by the Vice President. If the resulting determination is that no reasonable cause is found to proceed further with investigation, the reporting party and responding party, as applicable, will be notified in writing of the case dismissal. Case dismissal decisions are final.

METHODS FOR RESOLVING COMPLAINTS
Informal Resolution
When the Title IX Coordinator determines that informal resolution is appropriate based on the complaint and known facts gathered in the preliminary inquiry, the Title IX Coordinator will provide full disclosure of the allegations and options for formal resolution to the reporting and responding parties who may voluntarily agree to participate in informal resolution, which does not involve a full investigation and adjudication. The Title IX Coordinator or designee will assist the parties with reaching a voluntary resolution. Details of the voluntary resolution will be signed by the parties in acknowledgement of the conditions for resolution. For example, a condition may be to cease a particular behavior. Informal Resolution is not available for situations involving sexual assault or other forms of sexual violence.

Formal Resolution
When preliminary inquiry results in reasonable cause that violations of this policy/procedures may have occurred, the Title IX Coordinator or designee(s) will conduct a prompt, thorough and impartial formal investigation. The reporting party and responding party will be notified in writing that an investigation will occur and a tentative process time frame will be provided. In addition, the written notice to the responding party will include sufficient details and with sufficient time to prepare a response before any initial interview. Sufficient details may include the identities of the parties involved, the specific section of the policy allegedly violated, the conduct constituting the alleged violation, and as applicable, the date/time/location of the alleged incident.

If the reporting party or the responding party believes an individual investigating the complaint or handling an appeal (if available) has a conflict of interest or bias for or against the reporting party or responding party, he/she shall notify as soon as reasonably possible the Title IX Coordinator or Vice President who will determine whether a conflict of interest or bias exists and an alternative investigator will be appointed, if appropriate.

Investigator(s) will meet with the reporting party, the responding party, conduct additional interviews with fact witnesses, gather relevant documentation, and upon completion of the investigation, provide a written report detailing evidence. Involved parties will be given equal access to review the written report and add their comments. The investigation report along with the parties’ comments will be provided to the Vice President for adjudication.

The Vice President will adjudicate the case and may do so in partnership with the division Vice President. If there is a finding that the individual is not responsible for violation of this policy/procedure, the parties will be notified in writing. If there is a finding that the individual is responsible for violation of this policy/procedure, the parties will be notified in writing of the finding and any sanction(s) in accordance with the applicable policy noted in the Sanctions and Appeals section below. Prompt and effective remedy designed to end the inappropriate behavior, prevent its recurrence and address its effects will be implemented.

RIGHT OF APPEAL
In cases of sexual harassment or sexual violence, both the reporting party and the responding party have the right to appeal the outcome of the investigation. In all other concerns, the responding party has the right to appeal the outcome of investigation. Appeals are handled within the applicable policy listed in the Sanctions and Appeals section below.

SANCTIONS and APPEALS
For the individual found to be responsible for violation of this policy/procedures, sanctions and appeals are governed by the following:

Ongoing Prevention & Awareness Campaigns

Programming, initiatives and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault and stalking, using a range of strategies with audiences throughout the institution.

Professional Counselor

A person whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of the counselor's license or certification.

Report Procedure

The College takes all reports of concerns seriously and will respond in a prompt, equitable, and impartial manner.

Complaints involving sexual misconduct by a student should be reported to:
Kelley Pfeiffer, Dean of Student Life/Student Title IX Coordinator
636-922-8544
kpfeiffer@stchas.edu
ADM 1123

Alternate:
Heather McDorman, Vice President
636-922-8277
hmcdorman@stchas.edu
ADM 1121

Complaints involving sexual misconduct by an employee, vendor, or visitor should be reported to:
Martha Kampen, Diversity & Compliance Officer/ Employee Title IX Coordinator
636-922-8654
mkampen@stchas.edu
ADM 1242

Alternate:
Donna Davis, Vice President
636-922-8300
ddavis@stchas.edu
ADM 1242

Reports involving sexual misconduct or sex discrimination may also be reported externally to:
Office for Civil Rights, Kansas City Office
U.S. Department of Education
One Petticoat Lane.
1010 Walnut Street, Suite 320
Kansas City, MO 64106
Telephone: 816-268-0550
Email: OCR.KansasCity@ed.gov

Your Safety is First Priority
After an incident of sexual violence, consider seeking medical attention as soon as possible. As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult.

Campus Police
SCC Main Campus, Campus Services Building
636-922-8545

Public Emergency Services
911

Barnes-Jewish St. Peters Hospital
10 Hospital Drive
St Peters, MO 63376
Phone: 636-916-9000

Progress West Hospital
2 Progress Point Parkway
O'Fallon, MO 63368
Phone: 636-344-1000

SSM St. Joseph Health Center
300 First Capitol Drive
St. Charles, MO 63301
Phone: 636-947-5000

SSM St. Joseph Hospital West
100 Medical Plaza Lake
Saint Louis, MO 63367
Phone: 636-625-5200

Evidence Preservation
It is important that a victim of sexual assault does not bathe, douche, smoke, change clothing or clean the bed/linen/area where assaulted if the offense occurred within the past 96 hours, so that evidence may be preserved that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, pictures, and available logs.

Law Enforcement
Although the College strongly encourages individuals to report violations of this policy to law enforcement, it is the individual’s choice whether or not to make such a report and to accept or decline involvement with law enforcement. The College will assist with notifying the police if desired. Reports of sexual violence to the Department of Public Safety/Campus Police (DPS) will be considered a report to law enforcement and Campus Police may proceed with pursuing a criminal investigation and/or criminal charges with or without the reporting party’s consent.

The College does not publish the name of crime victims nor house identifiable information regarding victims in the Campus Police Daily Crime Log or online. Victims may request that directory information on file be removed from public sources by request from the Student Life office.

Ex-Parte Orders of Protection
The College complies with Missouri law in recognizing an Ex-Parte Order of Protection or Full Order of Protection. Any person who obtains an order of protection against a member of the campus community should provide a copy to Department of Public Safety/Campus Police (DPS) and the Title IX Coordinator. The individual may then meet with DPS/Campus Police to developa Safety Action Plan, which is a plan for DPS and the individual to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, changing classroom or work locations, and allowing a student to complete assignments from home. The College cannot apply for a legal order of protection, no contact order, or restraining order on behalf of an individual. The individual is required to apply directly for these services. According to Missouri State Statute 455.015, Venue: The petition shall be filed in the county where the petitioner resides, where the alleged incident of domestic violence occurred, or where the respondent may be served. Protection from abuse orders should be applied for at the court house with jurisdiction for the reporting party’s home address.

The College may issue an institutional no contact order if deemed appropriate. To the extent of the individual’s cooperation and consent, SCC offices will work cooperatively to ensure that the reporting party's health, physical safety, work, and academic status are protected, pending the outcome of the College’s investigation/disciplinary procedures. For example, if reasonably available, a reporting party may be offered changes to academic schedule or campus working situations in addition to information regarding counseling, health services, visa and immigration assistance, and law enforcement. Personally identifiable information about the reporting party will be treated as confidential to the extent possible and will be shared with those who have a business need to know due to their involvement in the College’s investigation/disciplinary procedures or their involvement in delivering resources or support services to the individual. For example, publicly available recordkeeping for purposes of Clery Act reporting and disclosures will be made without inclusion of identifying information about the individual, as defined in 42 USC 1395 (a) (20).)

Confidentiality

CONFIDENTIAL HELP WITHOUT FILING A REPORT
Students:
On-Campus Confidential Help:
Mental Health Counselor
636-922-8571
ADM 1123

Faculty/Staff:
Employee Assistance Program
ComPsych
888-628-4809; 800-697-0353 (TDD)

Though the College encourages all individuals to bring reports sexual misconduct to the attention of the Title IX Coordinator, credit-seeking students who wish to maintain confidentiality may contact the mental health counselor, provided by the College free of charge for credit-seeking students, at 636-922-8571.

Unlike reports of sexual misconduct made to other College officials (which must be reported to the Title IX Coordinator), credit-seeking students can speak with the mental health counselor confidentially and absent the student’s consent, such reports or conversations will not be reported to the Title IX Coordinator for further investigation. Please note that the mental health counselor will not be able to maintain confidentiality when there is a threat of harm to oneself or another.

Employees who wish to maintain confidentiality may contact the Employee Assistance Program at 888-628-4809; 800-697-0353 (TDD) for confidential assistance.

Individuals who wish to maintain confidentiality may also speak with off-campus rape crisis or domestic violence counselors and off-campus members of the clergy and chaplains.

If a reporting party requests confidentiality, the College will take all reasonable steps to investigate and respond to the complaint while respecting the reporting party’s request for confidentiality; however, complete confidentiality may not be possible.

The College will take reasonable steps to investigate anonymous reports related to sexual misconduct, although the ability to respond to anonymous reports may be limited.

Retaliation Prohibited

The College strictly prohibits retaliation of any kind against an individual for reporting sexual misconduct pursuant to this policy, assisting someone with a complaint of sexual misconduct, or participating in an investigation/disciplinary procedures following a complaint of sexual misconduct. Examples of such prohibited retaliation include threats, intimidation, reprisals, adverse employment actions, or adverse educational actions. Any incidents of alleged retaliation should be immediately reported. In the event that retaliation is found to have taken place, sanctions will be governed by policy noted below in the Sanctions and Appeals section.

Risk Reduction

Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

With no intent to blame the victim and recognizing that only rapists are responsible for rape, the following are some strategies to reduce one's risk of sexual assault or harassment (taken from Rape, Abuse and Incest National Network, rainn.org):

  • Be aware of your surroundings. Knowing where you are and who is around you may help you to find a way to get out of a bad situation.
  • Try to avoid isolated areas. It is more difficult to get help if no one is around.
  • Walk with purpose. Even if you don't know where you are going, act like you do.
  • Trust your instincts. If a situation or location feels unsafe or uncomfortable, it probably isn't the best place to be.
  • Try not to load yourself down with packages or bags as this can make you appear more vulnerable.
  • Make sure your cell phone is with you and charged and that you have cab money.
  • Don't allow yourself to be isolated with someone you don't trust or someone you don't know.
  • Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
  • When you go to a social gathering, go with a group of friends. Arrive together, check in with each other throughout the evening, and leave together. Knowing where you are and who is around you may help you to find a way out of a bad situation.
  • Trust your instincts. If you feel unsafe in any situation, go with your gut. If you see something suspicious, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.).
  • Don't leave your drink unattended while talking, dancing, using the restroom or making a phone call. If you have left your drink alone, just get a new one.
  • Don't accept drinks from people you don't know or trust. If you choose to accept a drink, go with the person to the bar to order it, watch it being poured, and carry it yourself. At parties, don't drink from the punch bowls or other large, common open containers.
  • Watch out for your friends, and vice versa. If a friend seems out of it, is way too intoxicated for the amount of alcohol they have had, or is acting out of character, get him or her to a safe place immediately.
  • If you suspect you or a friend have been drugged, contact law enforcement immediately (local authorities can be reached by calling 911 in most areas of the U.S.). Be explicit with doctors so they can give you the correct tests (you will need a urine test and possibly others).
  • If you need to get out of an uncomfortable or scary situation here are some things that you can try:
    • Remember that being in this situation is not your fault. You did not do anything wrong, it is the person who is making you uncomfortable who is to blame.
    • Be true to yourself. Don't feel obligated to do anything you don't want to do. "I don't want to" is always a good enough reason. Do what feels right to you and what you are comfortable with.
    • Have a code word with your friends or family so that if you don't feel comfortable you can call them and communicate your discomfort without the person you are with knowing. Your friends or family can then come to get you or make up an excuse for you to leave.
    • Lie. If you don't want to hurt the person's feelings it is better to lie and make up a reason to leave than to stay and be uncomfortable, scared or worse. Some excuses you could use are: needing to take care of a friend or family member, not feeling well, having somewhere else that you need to be, etc.
    • Try to think of an escape route. How would you try to get out of the room? Where are the doors? Windows? Are there people around who might be able to help you? Is there an emergency phone nearby?
  • If you and/or the other person have been drinking, you can say that you would rather wait until you both have your full judgment before doing anything you may regret later.
Sexual Assault

Sexual assault is actual or attempted physical sexual contact with another person without that person's consent. Sexual assault includes, but is not limited to:

  • Intentional touching of another person's intimate parts without that person's consent;
  • Other intentional sexual contact with another person without that person's consent;
  • Coercing, forcing or attempting to coerce or force a person to touch another person's intimate parts without that person's consent; or
  • Penetration, no matter how slight, of (1) the vagina or anus of a person by any body part of another person or by an object, or (2) the mouth of a person by a sex organ of another person, without that person's consent;
  • Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; and
  • Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Sexual Exploitation

Sexual exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual violence offenses. Examples of sexual exploitation include, but are not limited to: invasion of sexual privacy; prostituting another person; non-consensual digital, video or audio recording of nudity or sexual activity; unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity; engaging in voyeurism; going beyond the boundaries of consent (such as allowing someone to hide in a closet to watch you having consensual sex); non-consensual removal of a condom during sex; knowingly exposing someone to or transmitting an STI, STD or HIV to another person; intentionally or recklessly exposing one's genitals in non-consensual circumstances; inducing another to expose their genitals; sexually based stalking and/or bullying.

Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature. Sexual harassment includes any unwelcome sexual advances, requests for sexual favors or other unwelcome written, electronic, verbal or physical conduct of a sexual nature when:

  • submission to such conduct is made, explicitly or implicitly, a term or condition of an individual's education, employment or participation in college activity;
  • submission to, or rejection of, such conduct by an individual is used as the basis for decisions affecting that individual's academic standing, employment status or participation in a College program or activity;
  • such conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating an intimidating, hostile or offensive environment for that individual's employment, education or participation in a college program or activity. (This third situation is commonly known as hostile environment sexual harassment.)
Sexual Misconduct
A broad term used to include sex discrimination and any non-consensual behavior of a sexual nature committed by force or intimidation or that is otherwise unwelcome. Sexual misconduct includes behaviors such as sexual assault, rape, domestic violence, dating violence, sexual harassment, sexual exploitation, and stalking.
Sexual Violence

For purposes of this policy, sexual violence collectively refers to the terms "sexual assault," "domestic violence," "dating violence," "stalking," and "sexual exploitation" as defined in this policy.

Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for her or his safety or the safety of others, or suffer substantial emotional distress. For purposes of this definition:

  • "Course of conduct" means two or more acts, including, but not limited to, acts which the stalker 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;
  • "Substantial emotional distress" means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and
  • "Reasonable person" means a reasonable person under similar circumstances and with similar identities to the victim.

Board Policy Statement

The College is committed to non-discrimination and equal opportunity. In compliance with Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and other federal and state laws and regulations, the College adheres to a strict non-discrimination policy in student admission, educational programs, activities, and employment regardless of race, color, sex, sexual orientation, religion, creed, national origin, ancestry, age, veteran status, disability, or genetic information. Article IV.01

Employee Title IX

Martha Kampen, Diversity & Compliance Officer/
Employee Title IX Coordinator
636.922.8654
Email »

Student Title IX

Kelley Pfeiffer , Dean of Student Life/
Student Title IX Coordinator
636.922.8544
Email »
SCC logo

4601 Mid Rivers Mall Drive
Cofttleville, MO 63376

info_desk@stchas.edu
636-922-8000

© 2018 St. Charles Community College.