Rights and Options

Title IX – Sexual Misconduct/Sex Discrimination


RIGHTS OF BOTH PARTIES

During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights, to include:

  • Similar and timely access to the policy and relevant procedures
  • Equal opportunity to present information, identify and have considered witnesses and other relevant evidence
  • Equal opportunity to be accompanied by an advisor during all meetings with the investigator
  • To have the institution take interim steps prior to the final outcome
  • To have the school take steps to prevent retaliation and take strong responsive action, should retaliation occur
  • Similar and timely access to all information considered by the investigator(s) and Title IX Coordinator
  • Equal access to review any statements or evidence provided by the other party
  • Equal access to review and comment upon any information independently developed by the investigator(s) and/or Title IX Coordinator should the information be shared with the other party
  • Equal opportunity to concurrently receive written notice of the hearing and written notification of the outcome of the investigation
  • Equal opportunity to appeal determinations pursuant to policy

RIGHTS OF THE COMPLAINANT:

  • To have the opportunity to provide consent before an investigation is conducted
  • To request confidentiality or that an investigation not occur and to be informed if the request cannot be maintained if doing so would jeopardize the safety of the complainant or others
  • To file a written complaint
  • To file a criminal complaint
  • To request specific relief in response to the harassment
  • If the complaint is substantiated, individual remedies offered or provided to the complainant or any sanctions imposed on the respondent that directly relate to the complainant, and other steps the school has taken to eliminate the hostile environment, if one is found to exist, and prevent reoccurrence

RIGHTS OF THE RESPONDENT:

  • To receive written notice of the complaint
  • If the complaint is substantiated, all imposed sanctions and other steps the school has taken to eliminate the hostile environment, if one is found to exist, and prevent reoccurrence

OPTIONS

Options to report an incident of sexual misconduct and file a complaint include the following:

Institutional Complaint

A person who wishes to make a complaint with the College can contact the Title IX Coordinator directly to file a formal complaint or contact any NCMC employee and request their assistance in filing a formal complaint with the Title IX Coordinator.
Dr. Kristen Alley
Associate Vice President of Student Affairs & Dean of Students
Address: NCMC Campus, Alexander Student Center
Office 12, 1301 Main Street, Trenton, MO
Phone: (660) 359-3948, ext. 1400
Email: kalley@mail.ncmissouri.edu

Contact and submission of a formal complaint can be completed in person, over the phone, electronically, or in paper form.  Any person can file a report of sexual misconduct even if the alleged conduct was not perpetrated against him or her.
For submission of an electronic or paper complaint, individuals are encouraged to complete a Sexual Misconduct Form in order to assure accurate information is recorded.

Sexual Misconduct Forms are located at the following locations:

  • NCMC website
  • NCMC Library, Geyer Hall
  • Associate Vice President of Student Affairs & Dean of Students Office
  • Vice President of Academic Affairs Office
  • Business Office

In all formal complaint submissions, individuals are encouraged to provide as much information as possible, including a written description of the incident(s), the name of the respondent if known, the date(s), time(s) and location(s) of the conduct, the names of any witnesses, and if there is any specific relief being sought.
The College encourages person to make complaints of sexual misconduct as soon as possible because delayed reporting may limit the College’s ability to investigate and respond to the complaint.

Criminal Complaints

Any victim of sexual crime is encouraged to contact local law enforcement to report the crime. A victim can contact law enforcement directly, or NCMC can provide assistance in contacting law enforcement at the victim’s request. To report a crime, call 911 or contact local law enforcement. 
In Trenton, individuals may call:
Trenton Police Department

Emergencies: 911 or 660-359-2121
Non-Emergency: 660-359-5557
17th and Harris, Trenton, MO

Outreach Sites – Police Department

Phone number

Bethany Police Department

660-425-3199

Brookfield Police Department

660-258-3385

Chillicothe Police Department

660-646-2121

Maryville Police Department

660-562-3209

St. Joseph Police Department

816-271-4702

Unionville Police Department

660-947-7397

NCMC has provided a copy of this policy to the Trenton Police Department. NCMC will work with local enforcement in the investigation, as is allowed under Title IX. With prior permission from either the complainant or respondent, NCMC will share the evidence supplied by those respective individuals to assist law enforcement in their investigation. However, NCMC will comply with all lawful orders issued by criminal, civil, or tribal courts.

Order of Protection and/or No Contact Order

Victims of sexual misconduct can seek 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.  The College will take all reasonable and legal action to implement the order.  If the Order of Protection or Restraining Order is violated, contact the police immediately.  Keep a written record of any contact, harassment, or abuse, including the date and time of the incidents and the names of witnesses.  Save any messages, texts, emails, or other forms of communication to share with the police.   You can also file a motion with the court to request that the other party be held in contempt of court for violating the protection order. 

If someone is being harassed, stalked, or as a result of an investigation or outcome related to conduct, the Title IX Coordinator may issue a No Contact Order.  A No Contact Order is a directive that mandates one individual is not to contact another individual in any way, including in person, via email, phone, text messaging, social media, or any other electronic or direct communication.  The order also includes third parties acting on the person’s behalf.  It warns the individual that any contact could be considered a conduct violation/policy violation and grounds for further action. 

If you are the victim of sexual misconduct and/or threats, the order may be put in place automatically upon the initiation of a complaint, during the course of the investigation, and possibly after the case has concluded.  You may also request a No Contact Order.  If the No Contact Order is violated, contact the Title IX Coordinator as soon as possible.  Keep records of all contact and communication.  Violation(s) of the directive and/or protective actions will constitute a separate violation of policy that may lead to disciplinary action up to and including suspension and/or termination regardless of the outcome of the underlying complaint.

Confidentiality

If an individual wants to maintain confidentiality, North Central Missouri College works with North Central Missouri Mental Health Center (NCMMHC), a local, off-campus mental health care provider, to provide professional counseling. These professional counselors work with, but are separate from, the College and may talk to a victim in confidence.  Counseling and support is available, whether or not a victim chooses to make an official report or participate in the institutional disciplinary or criminal process.  These counselors will generally only report to the College that an incident occurred without revealing any personally identifying information.  Disclosures to these counselors will not trigger a College investigation into an incident against the victim’s wishes.
Following is the contact information for these individuals:

North Central Missouri Mental Health Center
1601 East 28th Street
Trenton, MO 64683
660-359-4487

Students should be aware that sharing information about an incident of sexual misconduct with an NCMC employee will result in a report to the Title IX Coordinator, who will take appropriate steps to investigate what happened resolve the matter. 

Anonymous Reporting

NCMC does not have a procedure that provides for anonymous reporting.  If information about sexual misconduct is received but the identities of the parties are unknown, the College will investigate the situation to the extent possible based on available information.

Medical Assistance

If someone is a victim of sexual assault, domestic violence, dating violence, or stalking, the College encourages them to seek medical attention.  A victim may, however, decline medical assistance. 

Seeking medical assistance allows the individual to be treated for any medical conditions that might exist, injuries that they may not be able to feel, testing for pregnancy or disease, and provides an opportunity for evidence collection.  It is important to take steps to preserve any available evidence because it may be needed for criminal prosecution or in obtaining a protection order.  Evidence should be preserved as soon as possible after the incident, even if the reporting student is unsure about reporting or filing criminal charges. Some evidence may only be collected within a short period of time after the incident occurs and delaying action to preserve evidence immediately after an incident may reduce the chances for a successful criminal prosecution in the future. Staff are available to assist anyone interested in seeking a forensic exam. Contact the Title IX Coordinator for assistance. 
During a forensic exam, physical evidence, such as hair, semen or photographs of injuries, will be collected and stored for possible future use in court. There is no charge for the forensic exam, however, there may be charges for other medical care received. Individuals pursuing a forensic exam should try NOT to: shower, douche, drink, smoke, eat, change clothes, use the bathroom, change clothes or brush their teeth. They may also want to bring extra clothes to change into after the exam. Victims of sexual assault are encouraged to not change their clothes, however, if a change of clothes occurred, place the original clothing in a paper bag (plastic may destroy evidence).

Wright Memorial Hospital in Trenton has a forensics team and provides specially-trained nurses (SANE – Sexual Assault Nurse Examiner) to assist victims of sexual assault.  Calls may be placed ahead of arrival to request that a SANE nurse be accessible when a victim arrives.

Contact information for Wright Memorial Hospital is:

Wright Memorial Hospital
191 Iowa Boulevard
Trenton, MO
660-358-5700

Other Off-Campus Resources

Green Hills Women’s Shelter provides advocacy and support for victims of sexual violence. They operate a 24-hour hotline: 1-800-942-0649, serving both male and female victims of domestic violence and/or sexual assault. Two shelters, one in Trenton and one in Cameron are also available for women and children needing safe refuge. To contact the Trenton shelter, call 660-359-3297. To contact the Cameron shelter, call 816-632-4900.

  • Missouri Crisis Line – 1-888-761-HELP (4357); Text HAND to 839863;
  • RAINN Sexual Abuse Hotline – 800-656-HOPE (4673);
  • Comprehensive Mental Health Services Crisis Line – 1-888-279-8188;
  • National Domestic Violence Hotline – 800-799-7233;
  • DoD Safe Helpline – 887-995-5247 (Crisis intervention for members of the military);
  • The Trevor Project – 866-488-7386 (Crisis intervention for LGBTQ community).

The Title IX Coordinator can assist individuals in making contact with counseling services.  There are no on-campus counseling services available.

Accommodations

The institution is obligated to comply with a reasonable request for accommodations following an alleged sex offense.  The Title IX Coordinator may also take protective action that he/she deems appropriate concerning the interaction of the parties, including without limitation, directing College officials to make academic accommodations (alter academic schedules, withdraw from/retake a class without penalty), access academic support such as tutoring, change college housing, access to dining facilities, and/or college employment arrangements.

Additional Reporting Information

Amnesty – To encourage reporting, NCMC provides amnesty to victims who may be hesitant to report to College officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking or visitation, related to the sexual misconduct incident. Amnesty means that the individual’s conduct will not be subject to punitive conduct action, but may be addressed through education, assessment and/or treatment. No conduct proceedings or conduct record will result from conduct that falls under amnesty. 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 or has otherwise violated the law.

U.S. Department of Education

Inquiries or complaints that involve potential violations of Title IX may also be referred to the U.S. Department of Education’s Office for Civil Rights (OCR), which can be reached at:

Kansas City Office (OCR Office for Missouri)

Office for Civil Rights
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, 3rd floor, Suite 320
Kansas City, MO 64106
Telephone: 816-268-0550
FAX: 816-268-0599; TDD: 800-877-8339
Email: OCR.KansasCity@ed.gov

U.S. Department of Education (OCR National Headquarters)

Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100
Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

To file complaints of discrimination with OCR, you may use the online complaint form or send a letter to the OCR enforcement office for the State of Missouri.

http://www.ed.gov/ocr/complaintintro.html

NCMC is committed to assuring equal opportunity to all persons and does not discriminate on the basis of race, color, national origin, sex, disability, religion, age, genetic information, veteran status, ancestry, gender identity or expression, or sexual orientation in its educational programs, activities, admissions, or employment practices as required by Title IX of the Education Amendments of 1972, Title VI of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans with Disabilities Act, other applicable statutes and college policy. Sexual harassment, to include sexual violence, is a form of sex discrimination and is prohibited. Inquiries concerning these statutes and nondiscrimination policies should be referred to the College President, Dr. Lenny Klaver, Frey Administrative Center, 1301 Main Street, (660) 359-3948 x1200, or lklaver@mail.ncmissouri.edu.