As of August 14, 2009, upon written request, alleged victims of any crime of violence or a nonforcible sex offense, will have the results of any disciplinary proceedings conducted by the institution against a student who is the alleged perpetrator of such crime or offense made available to them. 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.
The following information specifies sexual assault information provided by NCMC as part of Clery requirements.
The College educates the student community about sexual assaults and acquaintance rape through orientations each fall and in an annual Campus Safety Week. Additional programs addressing sexual misconduct, including sexual harassment, sexual discrimination, and sexual violence occur throughout the year. The Department of Residence Life offers sexual assault education and information programs to College students upon request. Literature regarding: the Metropolitan Organization to Counter Sexual Assault (MOCSA) Services, sexual violence on campus, date rape education, risk reduction, what to do if an assault occurs, and local resources are available through the Department of Residence Life and the Dean of Students Office. A 24-hour Crisis Line is also available by calling 816-531-0233. Additional resources for students impacted by crime is available on the NCMC website.
If you are a victim of a sexual assault at this institution, your first priority should be to get to a place of safety. You should then obtain necessary medical treatment. NCMC strongly advocates that a victim of sexual assault report the incident in a timely manner. Time is a critical factor for evidence collection and preservation. An assault should be reported directly to the Trenton Police Department and the Dean of Student Services. Filing a police report with a College official will not obligate the victim to prosecute, nor will it subject the victim to scrutiny. Filing a police report will ensure that a victim of sexual assault receives the necessary medical treatment and tests, provide the opportunity for collection of evidence helpful in prosecution which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam), and assure the victim has access to confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention. NCMC partners with North Central Missouri Mental Health Center to provide counseling. There are no on-campus counseling services available.
The victim of a sexual assault may choose for the investigation to be pursued through the criminal justice system and the college conduct process, or only the latter. NCMC personnel will assist the student in notifying the Trenton Police Department if the student requests assistance.
College procedures dictate that the accused and the victim will each be allowed to choose one person to accompany them throughout the hearing. Both the victim and accused will be informed of the outcome of the hearing. A student found guilty of violating the College sexual misconduct policy could be criminally prosecuted in the state courts and may face college sanctions which can include: probation, suspension, or expulsion from the College for the first offense. Student victims have the option to change their academic and/or on-campus living situations after an alleged sexual assault, if such changes are reasonably available.
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: (Adopted November 3, 1992.)
BILL OF RIGHTS
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, nless 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.