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Policy – Information Regarding Sex Offenses, Disciplinary Hearings and Information for Crime Victims 

North Central Missouri College’s Student Code of Conduct prohibits sexually violent acts, termed “Sexual Misconduct,” which can be crimes as well. Sexual misconduct includes non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, sexual violence, sex/gender-based staking and sexual harassment. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by any gender and it can occur between people of the same or different sex.

While NCMC may utilize different standards and definitions than Missouri code, sexual misconduct often overlaps with crimes of rape, sexual assault, sexual harassment, stalking, dating violence and domestic violence.

In an effort to reduce the risk of sexual misconduct as well as the crimes of rape, sexual assault, sexual harassment, stalking, dating violence and domestic violence occurring among its students, the College utilizes a range of campaigns, strategies and initiatives to provide awareness, educational, risk reduction and prevention programming. It is the policy of NCMC to offer programming to prevent domestic violence, dating violence, sexual assault and stalking each year. Educational programs are offered to raise awareness for all incoming students and employees, and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. These programs and others offered throughout the year include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management and bystander intervention), and discuss institutional policies on sexual misconduct as well as the State of Missouri’s definitions of domestic violence, dating violence, sexual assault, stalking and consent in reference to sexual activity. Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third party intervention and prevention such as calling for help and/or identifying allies. Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks, and do so without victim blaming approaches. Throughout the year, ongoing awareness and prevention campaigns are directed to students and employees. In the event that sexual misconduct, gender based violence or the crimes of sexual assault, stalking, dating violence or domestic violence do occur, NCMC takes the matter very seriously.

The College employs interim protection measures such as interim suspension and/or contact bans in any case where a student’s behavior represents a risk of violence, threat, pattern or predation.

If a student is accused of sexual misconduct, other gender based violence or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence or domestic violence, s/he is subject to action in accordance with the NCMC Student Code of Conduct. A student wishing to officially report such an incident may do so by contacting the Title IX Coordinator, Dr. Neil Nuttall, at 660-359-3948, ext. 1200 or visiting the President’s Office in Frey.

Anyone with knowledge about sexual misconduct or gender based violence or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence or domestic violence is encouraged to report it immediately. If you are the victim of sexual misconduct, gender based violence or the crimes of rape, acquaintance rape, sexual assault, sexual harassment, stalking, dating violence or domestic violence, some or all of these safety suggestions may guide you after an incident has occurred:

  1. Go to a safe place and speak with someone you trust. Tell this person what happened. If there is any immediate danger, contact the Trenton Police Department or call 911
  2. Consider securing immediate professional support (e.g.: counseling, victim advocacy, medical services, etc.) to assist you in the crisis
  3. If you are on campus during regular business hours, you may go to the Dean of Student Services in the Alexander Student Center for counseling referral, support and guidance.
  4. For your safety and well-being, immediate medical attention is encouraged. Further, being examined as soon as possible, ideally within 120 hours, is important in the case of rape or sexual assault. The hospital will arrange for a specific medical examination. To preserve evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate or change clothes before receiving medical attention. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable. Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed. If you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet, to avoid contamination.
  5. If you have physical injuries, photograph or have them photographed, with a date stamp on the photo. Record the names of any witnesses, and their contact information. This information may be helpful to the proof of a crime, to obtain an order of protection or to offer proof of a campus policy violation. Try to memorize details (physical description, names, license plate number, car description,), or write detailed notes if you have time and the ability to do so. If you obtain external orders of protection (e.g. restraining orders, injunctions, protection from abuse), please notify the Dean of Student Services or the campus Title IX Coordinator so those orders can be observed on campus.
  6. Even after the immediate crisis has passed, consider seeking support from the North Central Missouri Mental Health Center. Contact the Dean of Student Services if you need assistance with College-related concerns. The Dean will also assist in any needed advocacy for students who wish to obtain protective or restraining orders from local authorities.
  7. The College is able to offer reasonable academic accommodations, changes to living arrangements, and other supports and resources as needed by a victim.

 

Legal Definitions
Rape is generally defined as forced sexual intercourse. It may also include situations where the victim is incapable of giving consent due incapacitation by means of disability or alcohol or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend. Under Missouri law, a person commits the offense of rape in the first degree if he or she has sexual intercourse with another person who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse. (566.030. 1) A person commits the offense of rape in the second degree if he or she has sexual intercourse with another person knowing that he or she does so without that person's consent. (566.031. 1). Besides rape, other sexual offenses include the following: sodomy (forced anal intercourse); oral copulation (forced oral-genital contact); rape by a foreign object (forced penetration by a foreign object, including a finger); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal). In Missouri, a person commits the crime of statutory rape in the first degree if he has sexual intercourse with another person who is less than fourteen years old.(566.032. 1) A person commits the crime of statutory rape in the second degree if being twenty-one years of age or older, he has sexual intercourse with another person who is less than seventeen years of age. (566.034. 1)

For a complete listing of the State of Missouri sexual offenses and misconduct definitions, see Missouri Statutes at: http://moga.mo.gov/

North Central Missouri College’s definitions:
Rape - Sexual intercourse with someone who is incapacitated, incapable of consent, or lacks the capacity to consent, or by the use of forcible compulsion. Rape also occurs when there is forced penetration by a foreign object, including a finger. Rape occurs when there is non-consensual sexual intercourse

Force: Physical force, violence, threat, intimidation, or coercion.

Forcible compulsion - The use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse Incapacitation: The physical and/or mental inability to make informed rational judgments. States of incapacitation include, without limitation, sleep, blackouts, and flashbacks. Where alcohol or other drugs are involved, one does not have to be intoxicated or drunk to be considered incapacitated. Rather, incapacitation is determined by how the alcohol consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make informed decisions. The question is whether the respondent knew, or a sober, reasonable person in the position of the respondent should have known, that the complainant was incapacitated. Because incapacitation may be difficult to discern, students and employees are strongly encouraged to err on the side of caution; i.e. when in doubt, assume that another person is incapacitated and therefore unable to give informed consent. Being intoxicated or drunk is never a defense to a complaint of sexual misconduct under this policy. Non-consensual sexual intercourse: Sexual intercourse with person or object that occurs without informed consent and/or force. It can include attempts to commit same. Sexual intercourse: Penetration (anal, oral or vaginal) by a penis, tongue, finger, or an inanimate object. Sexual violence: Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual may also be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. All such acts of sexual violence are forms of sexual harassment covered under Title IX.

Sodomy - Forced anal intercourse

Oral copulation - Forced oral-genital contact

Sexual battery - The unwanted touching of an intimate part of another person for the purpose of sexual arousal

Informed consent - Words or actions that show a knowing and voluntary agreement to engage in mutually agreed upon sexual activity. Informed consent cannot be gained by force, by ignoring or acting in spite of the objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation. Informed consent is also absent when the activity in question exceeds the scope of informed consent previously given. In the state of Missouri, anyone under the age of seventeen cannot give informed consent.

Sexual Harassment
Sexual harassment is a form of misconduct that undermines the integrity of the academic environment. NCMC’s policy prohibits sexual harassment. All members of the College community have an obligation to promote an environment that is free of sexual harassment. Definitions of various types of sexual harassment include:
Sexual harassment: Unwelcome, impactful sexual advances, requests for sexual favors, sexual exploitation and other verbal, nonverbal or physical conduct or expression of a sexual nature based on sex or on gender stereotypes. Sexual violence is also a form of sexual harassment prohibited by Title IX. It is considered to be sufficiently severe, persistent or pervasive if it has the effect of unreasonably interfering with, limiting or depriving someone of the ability to participate in or benefit from College employment, or the College’s educational programs, activities, or services and creates a working, learning, program or activity environment that a reasonable person would find intimidating, hostile or offensive. Sexual harassment can occur when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, living conditions and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance.

In evaluating any complaint of sexual harassment, the perceived offensiveness of a
particular expression, standing alone, is not sufficient by itself to constitute sexual harassment. The conduct in question must be objectively intimidating, hostile or offensive and interfere with a person’s right to equally participate in programs or activities of the College.

Stalking, relationship violence, bullying, cyber-bullying, and cyber-stalking can also be forms of sexual harassment, when related to sex or gender stereotypes. The Office of
Civil Rights 2001 Guidance, indicates that when a student sexually harasses another student, the harassing conduct creates a hostile environment if the conduct is sufficiently
serious that it interferes with or limits a student’s ability to participate in or benefit from the school’s programs, educational opportunities or services.

Hostile environment sexual harassment: Hostile environment sexual harassment is unwelcome sexual conduct that is verbal, nonverbal, or through physical behavior which is sufficiently severe, pervasive or objectively offensive that it alters the conditions of
employment or education and creates an environment that a reasonable person would find abusive to the person affected or would find the environment intimidating, hostile or
offensive. These circumstances could include the frequency of the conduct, its severity, pervasiveness, and whether it is physically threatening or humiliating. Hostile environment sexual harassment could be perpetrated by students, faculty, staff, peers, co-workers, persons in authority, and third parties such as contract employees, vendors or customers. The perpetrator’s intent or lack of intent to harass is not relevant to the determination of whether hostile environment harassment occurred. Examples of unwelcome conduct which may constitute hostile environment sexual harassment (if severe and/or pervasive) include, but are not limited to, unwelcome conduct such as (1) comments of a sexual nature, (2) sexually demeaning statements, questions, jokes, or anecdotes, (3) display of sexually explicit materials in the workplace, (4) remarks about sexual activity or speculations about sexual experiences, and (5) whistling or other sexually explicit sounds or gestures. The more severe the conduct, the less need there isto show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical.

Quid pro quo sexual harassment: Quid pro quo harassment involves expressed or implied demands for sexual favors in exchange for some benefit. It occurs when employment or academic decisions or expectations are based on employee or student’s submission to or rejection of sexual advances, requests for sexual favors, or other behavior of a sexual nature. It may involve submission to or rejection of harassing conduct when it is used to force a favorable outcome in a situation. It does not require that the employer, supervisor or instructor carry out his or her demands or insinuations. Examples may include: 1. An employee is passed up for a promotion or faces a threat of termination because they rejected their supervisor’s sexual advances, 2. An instructor promises to give a student a better grade in return for sexual favors, or 3. A supervisor tells an employee that they will receive a favorable review if they will submit to the supervisor’s request for sexual favors.

Retaliatory harassment: Any adverse employment or educational action taken against a person because of the  person’s participation in a complaint or investigation of discrimination or sexual misconduct.

Sexual exploitation: Taking 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 misconduct offenses, and sexual harassment. It can include, without limitation, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over such person; causing the prostitution of another person; recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate (including genitalia, groin, breasts or buttocks) of another person; allowing third parties to observe private sexual acts; engaging in voyeurism; and/or knowingly or recklessly exposing another person to a significant risk of sexually transmitted infection.

Complaints or inquiries regarding sexual harassment of a student by any NCMC employee should be brought to the immediate attention of
the Title IX Coordinator or Human Resources Director. Any complaints or inquiries regarding sexual harassment of a student by another student should also be brought to the immediate attention of the Title IX Coordinator.

NCMC will investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain or inquire regarding sexual harassment, but feels it would not be appropriate to raise such issues with the position listed above, the student may inquire or complain to the Dean of Student Services or Human Resources Director, and such inquiries or complaints will receive a prompt and thorough investigation. If harassment is established, the College will discipline the offender. Disciplinary action for violations of this policy can range from verbal or written warnings, up to and including expulsion for students and immediate termination from employment or dismissal from the College for employees for serious or repeated violations.

 

Addressing Sexual Misconduct
Dating Violence, Domestic Violence, Stalking, Sexual Harassment and other acts of Sex and Gender Discrimination

Specific details and procedures outlining the investigation and resolution processes of the College can be found by accessing the NCMC Sexual Misconduct Policy, found online at:
http://www.ncmissouri.edu/about/bot/manual/board_policy_manual.pdf
(p. 26). A paper copy can also be obtained by contacting the Human Resources Director/Controller (660-359-3948 X1502), Dean of Student Services (X1400), or Title IX Coordinator (X1200).

For offenses including sexual misconduct or other gender based violence, which typically include the crimes of domestic violence, dating violence, sexual harassment, sexual misconduct and stalking, sanctions range from warnings through expulsion. Serious and violent incidents and acts of non‐consensual sexual intercourse (the policy equivalent to the crime of rape) usually result in suspension, expulsion or termination of employment. 

An assault should be reported directly to the Trenton Police Department (660-359-2121) or local police department at the Outreach Site location. NCMC partners with North Central Missouri Mental Health Center to provide counseling. The Dean of Student Services or the Title IX Coordinator can assist individuals in making contact with counseling services.  There are no on-campus counseling services available.

Procedurally, when the College receives a report of sexual misconduct, gender‐based violence, or other sex or gender discrimination the campus Title IX
Coordinator is notified. If the victim wishes to access local community agencies and/or law enforcement for support, the College will assist the victim in making these contacts.
The Title IX Coordinator will offer assistance to victims in the form of interim or long‐term measures such as opportunities for academic accommodations, changes in housing for the victim or the responding student, visa assistance, changes in working situations and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, transportation assistance, targeted interventions, etc). If the victim so desires, they will be connected with a counselor off‐campus, as well as off‐campus victim’s advocate. No victim is required to take advantage of these services and resources, but the College provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports and procedures, in the form of this document, is provided to all victims, whether they are a student, employee, guest or visitor. When appropriate upon receipt of notice, the Title IX Coordinator will cause a prompt, fair and impartial process to be initiated, commencing with an investigation which may lead to the imposition of sanctions, based upon a preponderance of evidence (what is more likely than not), upon a responding student or other accused individual.

The College acts to reasonably prevent its recurrence and the effects on the victim and the community are remedied. The Coordinator is responsible to assure that training is conducted annually for all investigators and hearing officers that encompasses a hearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation and other behaviors that can be forms of sex or gender discrimination covered by Title IX and Clery Act. Training will help those decision­makers in the process to protect the safety of victims and to promote accountability for those who commit offenses.

The investigation and records of the resolution conducted by the College are maintained confidentially. Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed. Privacy of the records specific to the investigation are maintained in accordance with Missouri law and the federal FERPA statute. Any public release of information to comply with the timely warning provisions of the Clery Act will not release the names of victims or information that could easily lead to a
victim’s identification. Additionally, NCMC maintains privacy in relation to any accommodations or protective measures afforded to a victim, except to the extent necessary to provide the accommodations and/or protective measures.

In any complaint of sexual misconduct, sexual assault, stalking, dating violence, domestic violence or other sex or gender-based discrimination covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities for a support person or advisor of their choice throughout the process, including any meeting, conference, hearing or other procedural action. Once complete, the parties will be informed, in writing, of the outcome, including the finding, the sanctions (if any) and the rationale. Delivery of this outcome to the parties will occur without undue delay between notifications. All parties will be informed of the College’s appeal processes, and their rights to exercise a request for appeal.

If the alleged victim is deceased as a result of the crime or offense, the information shall be provided upon request, to the next of kin of the alleged victim. Third parties are also provided final results of a disciplinary proceeding related to a crime of violence or non-forcible sex offense.

 

Campus Sexual Assault Victims' Bill of Rights
In 1992, the United States Congress enacted the Campus Sexual Assault Victims’ Bill of Rights which was signed into law July of 1992. It states that:
· Accuser and accused will have the same opportunity to have others present.
· Both parties shall be informed of the outcome of any disciplinary proceeding.
· Survivors shall be informed of their options to notify law enforcement.
· Survivors shall be notified of counseling services.
· Survivors shall be notified of options for changing academic and living situations.
In addition, the Missouri Constitution contains a crime victims Bill of Rights which states:
Missouri Constitution
Article I
BILL OF RIGHTS
Section 32

August 28, 2010

Crime victims' rights.
Section 32. 1. Crime victims, as defined by law, shall have the following rights, as defined by law:

(1) The right to be present at all criminal justice proceedings at which the defendant has such right, including juvenile proceedings where the offense would have been a felony if committed by an adult;

(2) Upon request of the victim, the right to be informed of and heard at guilty pleas, bail hearings, sentencings, probation revocation hearings, and parole hearings, unless in the determination of the court the interests of justice require otherwise;

(3) The right to be informed of trials and preliminary hearings;

(4) The right to restitution, which shall be enforceable in the same manner as any other civil cause of action, or as otherwise provided by law;

(5) The right to the speedy disposition and appellate review of their cases, provided that nothing in this subdivision shall prevent the defendant from having sufficient time to prepare his defense;

(6) The right to reasonable protection from the defendant or any person acting on behalf of the defendant;

(7) The right to information concerning the escape of an accused from custody or confinement, the defendant's release and scheduling of the defendant's release from incarceration; and

(8) The right to information about how the criminal justice system works, the rights and the availability of services, and upon request of the victim the right to information about the crime.

2. Notwithstanding section 20 of article I of this Constitution, upon a showing that the defendant poses a danger to a crime victim, the community, or any other person, the court may deny bail or may impose special conditions which the defendant and surety must guarantee.

3. Nothing in this section shall be construed as creating a cause of action for money damages against the state, a county, a municipality, or any of the agencies, instrumentalities, or employees provided that the General Assembly may, by statutory enactment, reverse, modify, or supercede any judicial decision or rule arising from any cause of action brought pursuant to this section.

4. Nothing in this section shall be construed to authorize a court to set aside or to void a finding of guilt, or an acceptance of a plea of guilty in any criminal case.

5. The general assembly shall have power to enforce this section by appropriate legislation.

(Adopted November 3, 1992.)