Department of Public Safety Sexual Assaults Subject Training

Department of Public Safety Sexual Assaults

Subject Training The Department of Public Safety and Sinclair Police take pride in maintaining a safe campus for staff, faculty, students and visitors. This Power. Point© presentation is part of the department’s on -going program to provide informative training that the campus community may study and learn from. Sinclair Police officers that patrol the campus are available to answer any questions. In addition, the Sinclair Police Speaker’s Bureau can provide an officer to speak to any campus group by contacting the department at (937) 512 -2700.

College Policy Statement • Sinclair Community College does not tolerate sexual assault, domestic violence, dating violence, stalking, coercion, exploitation, or other form of sexual misconduct that offends the dignity of any member of the college community. • Sexual assault, whether occurring on campus or at college-sponsored activities, is both a violation of the standards of the college and a criminal act within federal and state laws. • Individuals who believe they have been the victim of a sexual assault may pursue resolution on campus and/or criminal action against an alleged perpetrator.

College Policy Statement • The college strongly encourages any person who has been sexually assaulted off-campus to contact Dayton Police and to notify Sinclair Police immediately. • Anyone sexually assaulted on campus should contact Sinclair Police at (937) 512 -2700 or dial 9 -1 -1 from any campus telephone. • The victim can elect to report the crime to any of the individuals listed below: Director of International Studies Associate Dean, Courseview Campus Center Associate Provost Director, Learning Centers Director of Student Affairs Associate Provost for Student Completion Disability Services Athletic Director or Coaches Division Deans Chief Diversity Officer/Title IX Coordinator ESL Coordinator Chief Student Financial Services Officer Club Advisors International Education Officer Counselors, Counseling Services Manager, Learning Centers Ombudsman Director of Enrollment Management Provost Director of Facilities Management Veteran Services Director of Financial Aid Vice Presidents

Title IX Investigations • A Title IX investigation will also be conducted by the Sinclair Title IX Coordinator that is independent from any criminal investigation. • The Title IX Coordinator is responsible for the prompt and impartial investigation of reports and allegations of sexual misconduct. • The Title IX Coordinator will conduct a fact-finding process and effectuate steps to reasonably end any sexual misconduct, discrimination, or violence.

Concerning Campus Law Enforcement Policies • Sinclair Police officers are duly sworn peace officers under the U. S. Constitution and laws of the state of Ohio. • All full-time sworn officers are armed and have the same authority under the law as any sworn police officer in the state of Ohio. • Sinclair Police patrol the campus 24 hours a day, 365 days a year and enforce applicable local, state, and federal laws as well as violations of college policy; arrest violators; investigate and suppress crime; investigate traffic collisions; provide a full range of police related services, including immediate response to medical and fire emergencies.

Concerning Campus Law Enforcement Policies • The Department of Public Safety also employs unarmed Safety Information Officers (SIO) to provide security and assistance to a variety of areas at the Dayton campus, the Courseview Campus Center and at the Preble County, Englewood and Huber Heights Learning Centers. • The Department of Public Safety and Sinclair Police work closely with surrounding law enforcement agencies including but not limited to the Dayton Police Department, the Montgomery County Regional Crime Lab, the Montgomery County Sheriff’s Office, Wright State Department of Public Safety and the University of Dayton Police Department.

It Is Your Right To be treated with respect To have confidentiality maintained (within the bounds of law and college policy) To have college and/or criminal proceedings fully explained To receive referral information for support services

Why Should a Report Be Made? • Filing a police report will not obligate the victim to prosecute or subject the victim to scrutiny or judgmental opinions from the College. • Filing a police report will ensure that the victim receives the necessary medical treatment and tests which are paid for by the college. • Filing a police report will provide the opportunity for the 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 exam • Filing a police report will assure the victim has access to confidential counseling through Counseling Services, the Montgomery County Victim/Witness Division and the City of Dayton Victim/Witness Office.

Why Should a Report Be Made? • A victim of an assault has the option to notify law enforcement authorities. • The victim may choose for the investigation to be pursued through the criminal justice system and the college judicial affairs process, or only the latter. • Sinclair Police will guide the victim through the available options and support the victim in his or her decision.

Timely Warnings • In the event that a situation arises, whether on or off campus, that, in the judgment of the Chief of Sinclair Police, constitutes an ongoing or continuing threat, a campus wide "timely warning" will be issued. • The warning will be issued through the college email system to staff and faculty, and through NIXLE to students, staff and faculty. • Depending on the particular circumstances and situations that could pose an immediate threat to the community and individuals, warnings may be posted on the Sinclair website. • Anyone with information warranting a timely warning should report the circumstances to Sinclair Police by calling (937) 512 -2700 or in person in Building 7, Room 7112 or by dialing 9 -1 -1 from any college telephone.

Incident Reporting Policy All crimes should be promptly reported to Sinclair Police. As noted previously, the campus also surveys "campus security authorities", which include those officials having significant responsibility for students or campus activities. Contact Sinclair Police at: 9 -1 -1 (emergency only using any campus telephone) By calling (937) 512 -2700 or extension 2700 from any campus telephone Any emergency blue light intercom located throughout campus (for emergency use only) Any suspicious activity or person seen in the parking lots or loitering around vehicles or inside buildings should be reported to Sinclair Police, including a description of the subject(s) and the direction of travel. Remain calm and stay on the line with the dispatcher. Be prepared to provide the information requested, such as your name, your location, and an accurate description of the circumstances involved.

Confidential Reporting Procedures • Sinclair Police strongly encourages the reporting of all crimes. • However, if you are a victim of a sexual assault, domestic violence, dating violence or stalking, and do not want to pursue action within the college judicial affairs system or the criminal justice system; you may still want to consider making a confidential report. • The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the college can keep an accurate record of the number of incidents involving students, employees and visitors; determine where there is a pattern of crime with regard to a particular location, method, or assailant; and alert the campus community to potential danger.

Confidential Reporting Procedures • With your permission, any Sinclair police officer can file a report on the details of the initial incident without revealing your identity. • Disciplinary matters handled by the Director of Student Services and the Judicial Affairs Board are kept confidential to the extent required by law. • Incidents will be recorded for the purpose of completing the annual crime statistic report for the U. S. Department of Education. • Professional counselors, medical professionals and Pastoral Counselors/clergy who are acting in their specific roles as counselors or medical professionals, are exempt from these reporting requirements and are considered confidential non-reporting professionals.

If You Are the Victim of an Assault • The first priority should be get to a place of safety. • Try to remain calm and alert. • Sinclair Police strongly advocates that report of the incident be made in a timely manner. • Time is a critical factor because of the importance for preserving evidence that may be needed for prosecution. • A Sinclair Police official, a counselor from Counseling Services or a victim/witness representative will guide the victim through the available options and support the victim in his or her decision. • Call x 2700 if the incident took place on the Dayton campus; call the local police at 9*1*1 if it occurred off campus, at a satellite center, a learning center or at the Courseview Campus Center. • Contact a trusted friend or family member.

If You Are the Victim of an Assault • You are urged to seek medical attention and may go directly to the emergency room of any local hospital for medical attention • The cost of the treatment will be paid for by the investigative agency • Do not bathe or douche. Do not urinate, if possible • Do not eat, drink liquids, smoke, or brush teeth if oral contact took place • Keep the clothes worn during the offense • If clothes are changed, place clothes in a paper bag (evidence deteriorates in plastic)

If You Are the Victim of an Assault • • • Do not destroy the physical evidence that may be found in the vicinity of the crime. If the crime occurred in the victim's home, the victim should not clean until the police have had an opportunity to collect evidence. Tell someone all details remembered about the assault. Write down all details remembered as soon as possible. The preservation of physical evidence may be critical for successful prosecution of the offender. Both the accused and the victim are entitled to the same opportunities to have others present and both parties will be informed in writing of the outcome of any hearing.

If You Are the Victim of an Assault • Options and assistance in changing classes, transportation and/or working situations subsequent to an alleged sexual assault can be arranged, provided such options are reasonably available and will be provided to the victim in writing regardless of whether the victim chooses to report the crime to law enforcement or a CSA. • Sanctions imposed by Student Judicial Affairs range from verbal warnings to expulsion depending on the severity of the offense and both the victim and accused will be notified in writing simultaneously.

If You Are the Victim of an Assault • Information regarding various counseling options available from the Dayton Campus’ Counseling Services Department and Campus Ministry from within the college will be provided in writing. • Outside campus resources include the Abuse and Crisis Center of Montgomery County, the Victim/Witness Division in the City of Dayton Prosecutor’s Office (for misdemeanors only) and the Victim/Witness Division in the Montgomery County Prosecutor’s Office. • Victims may apply for orders of protection, no contact orders, restraining orders, or similar lawful orders at the respective prosecutor’s office. • The Sinclair Title IX coordinator will conduct an investigation of the incident independent of the police department in accordance with the Clery Act and the victim and the accused will be notified of the results of the investigation in writing simultaneously.

Crime Prevention and Safety Awareness Programs • It is important to realize that on a national level, at least one third of all reported sexual assault victims know their attacker – this person may have been a date, steady boyfriend or girlfriend, or casual friend. • This is called “acquaintance rape” and it can happen to anyone. • There are several educational programs, such as self-protection, date rape, sexual assault and domestic violence prevention seminars that are available for any group or organization on campus, including the RAD Program (Rape Aggression Defense course. • RAD provides basic information on personal safety, awareness, risk reduction and avoidance. The program teaches practical defensive techniques that require no special skills.

Crime Prevention and Safety Awareness Programs • Sinclair Police and the Miami Valley Crime Prevention Association sponsor the annual Safety Awareness Expo during Fall Semester at the Dayton Campus that provides the opportunity for the campus community to learn more about safety from a variety of area safety agencies. • Department services are presented during all new student orientation classes and to new employees during Human Resource Department orientations that outline ways to maintain personal safety, campus web site services, crime on-campus, alcohol, drugs, and weapons rules and regulations on campus.

Crime Prevention and Safety Awareness Programs • Crime Prevention programming, Sexual Assault Prevention programming and Alcohol Awareness programming are offered on a continual basis in conjunction with Sinclair Police, Human Resources, Student Affairs and Counseling Services and other college organizations and departments. • In addition, Sinclair Police conduct safety presentations at faculty and staff retreats, departmental meetings and as part of academic classroom instruction. • A common theme of all awareness and crime prevention programming is to encourage students and employees to be aware of their responsibility for their own security and the security of others. • When time is of the essence, information is released to the Sinclair community through timely warnings that are sent to employees using the college electronic mail system and to students using NIXLE.

Reporting Conduct, Behavior Issues or Students Encountering Problems • Sinclair offers the campus community the ability to electronically report issues involving student conduct in the classroom or at events, unusual behavior that does not constitute an immediate threat or college related issues that students are unable to resolve through normal channels. • Please use the following forms below to report a violation of the Student Code of Conduct, report students who may be exhibiting concerning behavior to the Behavior Intervention Team, or to request assistance from the Ombudsman.

Reporting Conduct, Behavior Issues or Students Encountering Problems Student Code of Conduct Reporting Form To report behaviors violating the Student Code of Conduct, whether these behaviors or violations occur inside or outside the classroom setting: https: //publicdocs. maxient. com/reportingform. php? Sinclair. CC&layout_id=5 BIT Reporting Form To report concerning behavior which could include, threatening, distressing disruptive and/or disturbing inside or outside of the classroom setting: https: //publicdocs. maxient. com/reportingform. php? Sinclair. CC&layout_id=8 Ombudsman Reporting Form To request assistance from the Ombudsman: https: //publicdocs. maxient. com/reportingform. php? Sinclair. CC&layout_id=10

Sexual Misconduct Prevention • Within a relationship, there can be indicators of either partner’s propensity to become abusive. • Partner violence is any sexual, physical, verbal, or emotional abuse of one partner by the other in a romantic relationship. • While arguing or fighting occurs in all relationships, partner violence is about power and control of one partner by the other. • Due to the nature of being in a relationship with the abuser, partner violence can be hard to identify and understand. • If you are in abusive relationship, you may find it difficult to acknowledge because the abuser is someone for whom you have feelings.

Sexual Misconduct Prevention Abusive behavior can take many forms. Be concerned if your partner: Is jealous and possessive Tries to control everything you do Tries to isolate you from family and friends Has a quick temper or unpredictable reactions to ordinary things Often exhibits violent behavior toward animals, children, or other people Pressures you for sex Has a history of bad relationships

Sexual Misconduct Prevention Has a strong belief in extreme gender roles Says things like: o "If you really loved me…" o "You just don't understand…" o "No one has ever loved/understood me like you do. " o "You'd be nothing without me. " In all relationships, it is important to trust your instincts. If your intuition tells you something is wrong, you shouldn't ignore it.

Access to Campus Facilities • Sinclair prides itself on having a safe campus. • Much of that achievement can be attributed to staff and faculty who remain aware of their surroundings and do not hesitate to contact Sinclair Police to report unusual circumstances. • With over 20 buildings and parking facilities, cooperation among staff and faculty is a necessity to keep the campus secure. • Burglars or other individual's intent on crime may target these structures. • It is essential that staff and faculty cooperate to keep closed facilities locked if here after regular operating hours.

Access to Campus Facilities • To ensure that unauthorized individuals do not enter campus buildings, DO NOT prop doors open or leave doors unlocked if you enter after hours. • DO NOT open the door for individuals you do not know. • In addition, protect the security of campus keys, report immediately the loss or theft of keys to the Service Control Office in Building at extension 3090.

Access to Campus Facilities Labs and Offices All labs and offices that are not in use will be secured at all times. Sinclair Police and Facilities Management staff work closely together to create a safer and more comfortable living and learning environment. Campus wide security and safety seminars are available for staff and faculty throughout the year to increase awareness of crime risks and improve campus safety. Staff and faculty must take an active role to ensure their own security by exercising common sense and by learning and following campus security procedures.

Access to Campus Facilities • To maintain the safety and security of labs and offices, staff and faculty must ensure that locked labs and offices stay closed and locked when not in use. • While working in offices, staff should always secure and close doors when they leave even if it is just “for a minute. ” • Always take precautions to protect keys against theft or loss, and report immediately any theft or loss of your building/room keys. • Never hesitate to contact Sinclair Police to check on anyone acting unusual or soliciting for money, textbooks or services.

Stalking • Stalking, similar to dating and domestic violence, is a crime of power and control. • Stalking is a crime under the laws of all 50 states, the District of Columbia and the federal government. • Stalking is defined as repeated (two or more occasions) visual or physical proximity, nonconsensual communication, or verbal, written, and/or implied threats, that would cause a reasonable person fear.

The Prevalence of Stalking ü 1 out of every 12 U. S. Women (8. 2 million) and 1 out of every 45 U. S. men (2 million) has been stalked at some point. ü Estimated 1. 4 million people are stalked annually. ü 77% of female victims are stalked by someone they know. ü 23% of female stalking victims are stalked by strangers.

Four Types of Victim Reactions to Stalking üActive resistance üThreats to call 911; Physical struggle; Recording stalker’s behavior üHelp seeking üCalling police; Escorted to car; Screaming for help üCoping to reduce danger üScreening calls or changing number; Moving; Staying with family or friends; Hiding üCoping by complying with stalker’s demands üVisiting stalker; Going places with stalker; Continuing sexual relations with stalker; Requesting case be dropped

Profile of a Stalker • There are NO profiles of stalkers! • Many stalkers have: - above average intelligence - dependent personalities - controlling personalities • Stalkers tend to have personality disorders • They are often narcissistic, antisocial and/or borderline

Why Do They Stalk? ? • Fear of rejection (real or imagined) üThreatens stalker’s narcissistic fantasy of themselves (superior, intelligent, important, powerful, admired, or that stalker’s relationship with victim is their destiny) üStalker’s fantasy of self + rejection (real or imagined) leads to feelings of shame, humiliation, and finally to rage • Stalking increases feelings of power and control • Serves as an obsession and maladaptive coping mechanisms

If You Are a Stalking Victim If you are being stalked, trust your instincts and don’t downplay the danger of your situation. Consider taking the following steps: If you feel that you are in immediate danger, contact Sinclair Police at (937) 5122700, or if off campus, dial 9 -1 -1. Assertively communicate that you want the behavior to stop and set and maintain personal boundaries. Try not to be isolated with the person. Tell family, friends, roommates, team members, faculty or staff members, and coworkers about the stalking and seek their support.

Dating Violence “Dating violence is when one person purposely causes physical or psychological harm to another person they are dating, including sexual assault, physical abuse, and psychological/emotional abuse. ” (Violence Against Women, 2009) Types of Dating Violence Physical abuse: any intentional use of physical force with the intent to cause fear or injury, like hitting, shoving, biting, strangling, kicking or using a weapon Emotional abuse: non-physical behaviors such as threats, insults, constant monitoring, humiliation, intimidation, isolation or stalking Sexual abuse: any action that impacts a person’s ability to control their sexual activity or the circumstances in which sexual activity occurs, including rape, coercion or restricting access to birth control

Who Is a Likely Victim of Dating Violence? Dating violence is an equal opportunity crime. Most vulnerable are those: § without knowledge (jealousy = love) § lacking positive role models § wanting to fit in § with low self esteem § whose needs are not being met

Recognize the Signs of Dating Violence Dating violence is a pattern of abusive behaviors used to exert power and control over a dating partner. Warning Signs Extreme jealousy or insecurity Checking your cell phone or email without permission Constant put-downs Explosive temper Isolating you from family or friends Mood swings Physically hurting you in any way Possessiveness Telling you what to do

The Impact of Dating Violence • • Fear Embarrassment Shame Physical Problems from Anxiety Change in Personality Disciplinary Problems (for both victim and abuser) Social Isolation Legal Issues

Drugs and Alcohol • Drugs and alcohol play a significant role in sexual misconduct. • Almost three-quarters of all sexual assaults on college campuses involve alcohol as a factor. • Sinclair Police encourages students to engage in safe alcohol-consumption practices for both themselves and others. • Sinclair’s Counseling Services offers services to students who are interested in learning how to safely and effectively confront issues of alcohol abuse on campus. • Rape drugs are substances used by predators to incapacitate a victim so that they cannot resist an assault.

Drugs and Alcohol • When these drugs are used, victims often cannot recall what happened to them. • Most of these substances are colorless, odorless and tasteless so they can be slipped into a victim's drink or food without the victim noticing. • When someone appears extremely intoxicated after only a small amount of alcohol, a rape drug may be involved. • Two prevalent rape drugs to be aware of are Rohypnol and GHB. • Always keep an eye on any beverage you are drinking. • Don’t hesitate to order a new drink if necessary.

On-Campus Resources for Students Campus Ministry - (937) 512 -2768 Chief Diversity Officer/Title IX Coordinator (937) 512 -4294 Counseling Services: (937) 512 -2752 Sinclair Police: (937) 512 -2700 Resources for Employees Chief Diversity Officer/Title IX Coordinator (937) 512 -4294 Employee Care (full-time employees): (937) 208 -6626 or 1 -800 -628 -9343 Sinclair Police: (937) 512 -2700

Off-Campus Resources Montgomery County Artemis Center for Alternatives to Domestic Violence, Dayton Phone: (937) 461 -5091 www. artemiscenter. org Services offered include crisis intervention, court advocacy and crime victim compensation assistance. Dayton Children’s Hospital, Dayton Services offered are strictly for children and adolescents and include sexual assa examinations. Good Samaritan Hospital, Dayton Services offered include sexual assault examinations, STI prevention treatment a 24 hour care.

Off-Campus Resources Montgomery County – continued Victim/Witness Division / City of Dayton Prosecutor’s Office (for misdemeanors only) (937) 333 -4100 ADD MISSING LISTINGS

Off-Campus Resources Preble County Butler County Rape Crisis Program, Oxford Hotline: (513) 523 -4149 Phone: (513) 523 -4146 Services offered include hospital advocacy, SART participant, police advocacy, court advocacy, protection order assistance, victim compensation assistance, support groups and counseling.

Off-Campus Resources Preble County – continued Preble County DV Shelter Hotline: (937) 456 -5307 Services offered include protective temporary emergency shelter for women and their children in life-threatening situations, case management and referrals for legal and human services, support groups for women in the community and shelter clients who have left battering relationships, 30 -60 day emergency housing for women, including meals, case management, basic skills and other supportive services.

Off-Campus Resources Preble County - continued Victim Witness Services Division of the Warren County Prosecutor's Office (937) 456 -8156 Services offered include 24 hour advocacy to victims of crime and their families 365 days a year, assist in obtaining Civil Protection Orders (CPOs), act as a liaison between victims and prosecuting attorneys, keep victims informed of court dates and case developments and offer emotional support to victims and their families throughout the Court process.

Off-Campus Resources Warren County Abuse and Rape Crisis Shelter of Warren County (513) 695 -1185 www. arcshelter. com Services offered include hospital advocacy, SANE program, SART participant, police advocacy, court advocacy, protection order assistance, victim compensation assistance, case management, support groups, survivor needs kits and prevention education.

Off-Campus Resources Warren County - continued Victim Witness Services Division of the Warren County Prosecutor's Office 513 -695 -1325 Services offered include 24 -hour response to law enforcement requests for intervention and assistance, court advocacy, escorts and support during all stages of the criminal justice process, assistance in completing a Victim Impact Statement, assistance with VINE registration/State Victim Notification Program, referrals to appropriate social service agencies, notification and explanation of all court proceedings and Victims of Crime Compensation application assistance.

Student Code of Conduct and Disciplinary Policy • The college established a Student Code of Conduct to ensure the safety and welfare of the Sinclair Community College community. • Students admitted to the college agree to adhere to the rules, regulations, and policies set forth in the code. • Students voluntarily assume the obligation to fulfill the responsibilities set forth in the handbook and to bear personal responsibility for their actions.

Student Code of Conduct and Disciplinary Policy • The college has developed policies, procedures, and standards, which endeavor to protect the rights of each member of the college community. • The Sinclair president has assigned responsibility for the implementation of the Student Code of Conduct to the Director of Student Affairs or his or her designee. • Students should be aware that the student conduct process is different from criminal and civil court proceedings.

SCC Code of Student Conduct The Code of Student Conduct shall apply: Any campus, learning center or neighborhood center Any clinical or internship site At any college sponsored or college affiliated activity or event Any and all lands owned or leased by the college Any location where a student is engaged in a college related activity Any off-campus activity when the administration determines that the off-campus conduct affects a substantial interest to Sinclair Community College athletic team events off campus Student Government Association and recognized clubs/organizations functions Any student or college sponsored group engaging in an event or activity off campus Off campus internships, community service, and study abroad opportunities.

SCC Code of Student Conduct • Students will be responsible for their conduct, from the time of admission application until the actual awarding of a degree. • This code also applies to behavior that is a violation of city, state, federal or local laws and may have, or has had, an adverse impact upon the college community. • All formal complaints alleging a violation of this code shall be subject to the student disciplinary procedures.

SCC Code of Student Conduct • Any student who is found to have committed an act of misconduct may be disciplined in accordance with the rules of the code. • If the student is suspected of violating a state or federal law, the incident may be reported to Sinclair Police and/or the appropriate law enforcement agency. • Civil or criminal charges may occur concurrently with code of conduct charges. • Sinclair Community College reserves the right to initiate conduct proceedings without a formal allegation by the victim or witnesses of misconduct.

Student Judicial Affairs Hearings • All complaints and hearings will be conducted in a fair and impartial investigation and resolution to all parties involved. • All hearings will be coordinated and conducted by the Director of Student Affairs. • The Director will receive annual training on handling issues related to domestic violence, dating violence, sexual assault and stalking. • In addition, the Director will receive annual training in how to conduct investigations and hearing processes that protect the safety of victims and promotes accountability.

Potential Sanctions for Violations A. Restitution: Restitution necessitates compensation for loss, damage, or injury and can take the form of service and or monetary/material replacement. B. Educational Sanctions: Educational Sanctions are the broadest category of sanctions used by Sinclair Community College. Educational Sanctions typically include one or more of the following: work assignments, essays, community service, behavioral contract, administrative referral, and other related educational assignments. Examples include: Papers, written apologies, meetings. C. Formal Warning: Formal Warnings emphasize to the student that further violations would result in progressive sanctioning. A student receiving a Formal Warning shall continue to exercise the rights and privileges of a student in good standing.

Potential Sanctions for Violations D. Conduct Probation: Conduct Probation serves as a warning to students that they are not in good standing with Sinclair Community College. Further violations of the Code of Conduct could result in suspension or dismissal. E. Facility Suspension: The student no longer has the privilege of entering or using a particular facility or building for a specified period of time or until a specific condition is met. F. Facility Expulsion: Facility Expulsion entailed the permanent loss of privileges to use a building or facility for an unlimited period of time. G. Loss of Privileges: Loss of Privileges entails denial of specified privileges for a designated period of time.

Potential Sanctions for Violations H. Removal from Class: The student is barred from attending a particular class or may be reassigned to a different section of the same class. Details will be coordinated between the Director of Student Affairs or designee and the appropriate academic dean and faculty member. I. Revocation of Admission: The student loses their admitted status to Sinclair Community College. The sanction and all appropriate information will be added to the students file. J. Suspension: Suspension entails the termination of a student’s enrollment for a particular period of time, or until specific conditions are met. Suspended students may not be present on college property, or at college sponsored events. K. Dismissal: Dismissal entails the termination of a student’s enrollment with Sinclair Community College. Dismissed students are prohibited from being present on college property, or at college sponsored events.

Complaints Involving Alleged Sexual Harassment or Sexual Violence If the complaint relates to conduct involving alleged sexual harassment, domestic violence, dating violence, sexual assault or stalking or sexual violence the following additional procedures apply: 1. The complainant will be informed in writing if the Director of Student Affairs determines that no grounds or insufficient grounds exist to believe that a violation occurred and dismisses the complaint. 2. The complainant will be informed in writing if a hearing is scheduled for the student against whom the complaint has been made and that he or she may attend the hearing. Upon request, the complainant will be provided with a copy of the written notice of the complaint sent to the student.

Complaints Involving Alleged Sexual Harassment or Sexual Violence 3. The complainant will be informed that he or she may have one other support person or an attorney present at the hearing, but this person will be an observer only and cannot participate. The student must inform the Director of Student Affairs at least two business days prior to the hearing if a support person or an attorney will be present. 4. If the complainant believes that there are witnesses in addition to those listed in the tentative list of potential witnesses provided to the student who should testify at the hearing, he or she must notify the Director of Student Affairs in writing of the identity of those witnesses and the expected nature of their testimony.

Complaints Involving Alleged Sexual Harassment or Sexual Violence 5. The complainant may request to review copies of all written evidence which may be presented at the hearing. If the complainant has additional written evidence that he or she desires to be presented at the hearing, he or she must provide copies to the Director of Student Affairs. Any notice regarding witnesses or copies of written evidence must be provided to the Director of Student Affairs at least five business days prior to the scheduled date of the hearing. The Director of Student Affairs will decide prior to the hearing whether to present the additional witnesses or written evidence suggested by the complainant and inform the complainant of the decision as soon as possible prior to the start of the hearing.

Complaints Involving Alleged Sexual Harassment or Sexual Violence 6. If the complainant is a witness at the hearing, the student will not be permitted to directly question or cross-examine the complainant. If the student wants to present questions to the complainant, he or she must write the questions down and ask the Chair of the Student Conduct Hearing Panel to ask them. The decision of whether to ask these questions shall be made by the Chair. 7. The complainant and the accused will be sent simultaneously a copy of the written decision of the Student Conduct Hearing Panel. The access of the student and the complainant to information about the other may be limited by the Family Educational Rights and Privacy Act (FERPA), 20 USC 1232 g or other laws relating to confidentiality or privacy, and in some cases, these procedures may be adjusted to comply with such laws.

Student Judicial Affairs Confidentiality • The access of the student and the complainant to information about the other may be limited by the Family Educational Rights and Privacy Act (FERPA), • 20 USC 1232 g or other laws relating to confidentiality or privacy, and in some cases, these procedures may be adjusted to comply with such laws. • Disciplinary matters are kept confidential to the extent required by law.

Student Harassment Policy and Procedures Involving Only Students • Sinclair Community College is committed to providing an educational environment free from harassment (including sexual harassment), and such conduct will not be tolerated in the academic environment and may constitute a violation of the Student Code of Conduct (hereafter known as the code). • Harassment on the basis of race, color, creed, religion, age, sex, marital status, veteran status, national origin, ancestry, citizenship, or disability, or any other protected status, is strictly prohibited.

Student Harassment Policy and Procedures Involving Only Students Prohibited Conduct Examples of prohibited conduct involving students include, but are not limited to: Harassment which has the purpose or effect of being so severe, pervasive or objectively offensive that the student is unable to enjoy and access the educational opportunities and benefits provided by the college. Any type of physical contact, demeaning or abusive written or spoken language, or graphic communication that is unwelcome or unwanted by another person. Unwelcome sexual flirtations, advances or propositions; verbal abuse of a sexual nature; unnecessary touching of an individual; or physical assault. Slurs, jokes, posters, cartoons or gestures that are intimidating to a student, create a hostile learning environment, such that a student is denied educational benefits.

Student Harassment Policy and Procedures Involving Only Students Reporting A student who has a complaint of harassment against another student may report it to the Director of Student Affairs. If it is not a student-on-student situation, then it is reported to Human Resources. Any questions about the policy can be answered by persons in any of the above listed positions.

Student Harassment Policy and Procedures Involving Only Students Investigation The college will promptly investigate allegations of harassment in as confidential manner as possible. Consultation on allegations of faculty and staff harassment involving students should be referred to the Ombudsman and Human Resources. If the matter is not resolved through investigation and/ or mediation, a formal Student Conduct Hearing may be convened.

Student Harassment Policy and Procedures Involving Only Students Investigation Each party may bring an advisor to the Student Conduct Hearing. The advisor may accompany the student but may not participate or provide representation. At the conclusion of the hearing, the Student Conduct Hearing Panel will make a written recommendation to the Director of Student Affairs with respect to the resolution of the complaint. This might also include a recommendation for discipline.

Student Harassment Policy and Procedures Involving Only Students • The Student Conduct Hearing Panel will consider the totality of circumstances, including the nature and context of the alleged sexual assault, misconduct and/ or harassment, in determining the appropriateness of disciplinary action. • A determination will be made based upon the facts, on a case-by-case basis. • Appeals from the Student Conduct Hearing Panel may be made to the Director of Student Affairs in writing. • Appeals must be received no later than thirty (30) calendar days after receipt of the notification by the Director of Student Affairs.

Student Harassment Policy and Procedures Involving Only Students • All persons involved in resolving a complaint of student harassment will preserve the confidentiality of the parties and witnesses involved to the greatest extent possible. Retaliation & Discipline • The college will not retaliate against any student for reporting or assisting in the investigation of a complaint of harassment. • Any student who has been determined to have engaged in harassment in violation of this policy will be subject to appropriate disciplinary action, up to and including suspension or dismissal in accordance with the Sinclair Student Code of Conduct.

Sex Offender Registration Policy 1. 1 Policy on Students with Registered Sex Offenses Sinclair Community College is an open enrollment institution. Except as set forth in this Policy, persons who are required to register as sex offenders are not prohibited from admission, enrollment, or attendance at Sinclair Community College and any of its classes, courses, or programs. This policy is intended to provide guidance for such persons and for Sinclair’s Department of Public Safety and other departments to deal fairly and appropriately with such persons and to protect the Sinclair community.

Crime Definitions Acquaintance Rape • Acquaintance rape is forced sexual intercourse between people who know each other. • When one person forces, coerces, or manipulates someone they know—whether they've known each other for a year or just met—into having sex against their will, it's still rape. • Acquaintance rape is four times more common than stranger rape.

Crime Definitions Consent • Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement. • Consent is an affirmative, conscious decision - indicated clearly by words or actions – to engage in mutually accepted sexual contact. • A person forced to engage in sexual contact by force, threat of force, or coercion has not consented to contact. • Consent CAN NEVER be given if a person's ability to resist or consent is substantially impaired because of a mental or physical condition or if there is a significant age or perceived power differential. • Consent CAN NEVER be given by anyone under the age of sixteen.

Crime Definitions Consent Examples include, but are not limited to being: unconscious, frightened, physically or psychologically pressured or forced, intimidated, substantially impaired because of a psychological health condition, substantially impaired because of voluntary intoxication, or substantially impaired because of the deceptive administering of any drug, intoxicant or controlled substance

Crime Definitions Dating Partner The term dating partner refers to a person who is or has been in a social relationship of a romantic or intimate nature with the abuser, and where the existence of such a relationship shall be determined based on a consideration of: The length of the relationship The type of relationship; and The frequency of interaction between the persons involved in the relationship.

Crime Definitions 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 determined 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. • For the purpose of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse but does not include acts covered under the definition of domestic violence.

Crime Definitions Domestic Violence A felony or misdemeanor crime of violence is committed by: a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; 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 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

Crime Definitions Gross Sexual Imposition To be charged, you must have allegedly had some form of sexual contact with another person (not your spouse) or caused them to have it with you, Or caused two other people to have sexual contact when any of the following applies: • The subject attempted to get one or more people to submit by force or threat of force • Victims were under the influence of alcohol or drugs (including drugs intended for medical/dental procedures)without their consent • Victims were under 13 regardless if the subject knew • Victims had a mental or physical condition or were old enough that they couldn’t resist or consent

Crime Definitions Importuning • It is illegal for an adult to solicit a minor younger than 13 years old to engage in sexual activity with the adult • It is illegal for someone older than 18 (and more than four years older than the child) to solicit a child who is older than 13 but younger than 16 regardless of the adult actually knows the age of the child

Crime Definitions Incest Sexual intercourse between persons so closely related that they are forbidden by law to marry. Protection Order or Restraining Order Protection order means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person or protected animal, or from entering or remaining on premises, or from coming within a specified distance of a protected person or protected animal or premises or any other provision to protect the protected person or protected animal from imminent danger to life or health, that is issued by a court of this state or a municipal court.

Crime Definitions Rape Engage in sexual conduct with another by purposely compelling submission by force or threat of force or, with another, not the offender’s spouse if living separate and apart, if: for purpose of preventing resistance, the offender substantially impairs the victim’s judgment or control by administering any drug, intoxicant, or controlled substance surreptitiously or by force, threat of force or deception. Or, the victim is under 13, regardless of offender’s knowledge of age, or, the victim’s ability to resist or consent is substantially impaired because of a mental or physical condition or advanced age and the offender knows or has reasonable cause to believe that the victim’s ability to resist or consent is substantially impaired by such condition or advanced age. ”

Crime Definitions Sexual Assault • Sexual assault is any unwanted sexual contact. • This includes rape, acquaintance rape, incest, forced sodomy, unwanted fondling and kissing, assault with an object, and verbal threats. Sexual Battery • Includes unwanted sexual contact or touching • In its most extreme form, it is classified as a rape, which occurs when someone compels a victim to engage in sexual intercourse against their will • Includes circumstances when the victim is mentally incapable of giving consent (such as being in a coma or having passed out from drug or alcohol use) and statutory rape when the victim is too young to give legal consent

Crime Definitions Sexual Contact Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the other person is female, a breast, for the purpose of sexually arousing or gratifying either person. Sexual Conduct Vaginal intercourse between a male and a female, and anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and the insertion, however slight, of any part of the body or any instrument, apparatus or other object into the vaginal or anal cavity of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.

Crime Definitions Sexual Imposition An individual may commit this offense if they had sexual contact with a person (not their spouse), or caused another person to have sexual contact with them, or caused two or more people to have sexual contact when the subject committing the crime knew: • the sexual contact was offensive or the conduct was reckless • the other person’s ability to control the conduct was substantially impaired • the other person submitted because they were unaware of the sexual contact • the subject was at least 18 when the offense occurred and four or more years older than the victim, and the victim was 13 when the offense occurred but less than 16 OR • the subject was a mental health professional who induced a patient to believe the sexual contact was necessary for mental health treatment

Crime Definitions Sexual Misconduct Sexual misconduct may include sexual assault, domestic violence, dating violence, physical sexual abusive behavior, intimate partner violence, stalking. Sodomy Oral or anal sexual contact or penetration between persons or of sexual intercourse between a person and an animal. Unlawful Sexual Conduct with a Minor No person who is eighteen years of age or older shall engage in sexual conduct with another when the offender knows such other person is at least thirteen years of age but less than sixteen years of age, or the offender is reckless in that regard.

Questions or Concerns? – Contact Sinclair Police located in Building 7, Room 7112 – Call Sinclair Police at (937) 512 -2700 – Speak with any Sinclair Police Officer you see patrolling the campus – Check out the Sinclair Police web site located at http: //police. Sinclair. edu