Student Handbook: Sexual Misconduct Complaints

Making a Complaint

Employees

All College employees have a duty to report sexual misconduct to the Title IX Coordinator or Deputy Title IX Coordinator when they receive a report of such conduct, witness such conduct, or otherwise obtain information about such conduct. This includes employees who may have a professional license requiring confidentiality if they are not employed by the College in that professional role. These reports by employees cannot be made anonymously.

An employee not reporting sexual misconduct as required by this policy may be disciplined accordingly, up to and including termination.

This section does not apply to those identified in Section VI.A.4 of this policy.

Students

Students who wish to report sexual misconduct should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator. Students may also file a complaint anonymously by utilizing the Report and Incident/Concern option located at the bottom of the College’s main webpage at www.coffeyville.edu.

Students should be aware that all employees at the College, other than those identified as confidential resources in Section VI.A.4 below, have an obligation to report information about sexual misconduct to the Title IX Coordinator for review and investigation, and they may not keep this information confidential.

Students may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III above.

Other Persons

Any other persons who are involved in the College’s programs and activities, including visitors on campus, who wish to report sexual misconduct should file a complaint with the Title IX Coordinator or Deputy Title IX Coordinator. They may also file a complaint with the United States Department of Education’s Office for Civil Rights, as set forth in Section III above.

Confidential On-Campus Resource

While the College does not employ professional counselors, it does employ a Student Health Nurse. This employee is not required to report personally identifying information about an incident of sexual misconduct to the Title IX Coordinator and thus will maintain your confidentiality. While this resource can keep information confidential, he/she is required to make a non-identifying report of sexual misconduct to the Title IX Coordinator so that the systemic issues or patterns of sexual misconduct on campus can be identified and addressed if necessary.

Content of the Complaint

So that the College has sufficient information to investigate a complaint, the complaint should include: (1) the date(s) and time(s) of the alleged conduct; (2) the names of all person(s) involved in the alleged conduct, including possible witnesses; (3) all details outlining what happened; and (4) contact information for the complainant so that the College may follow up appropriately.

Information Provided to Complainant and Respondent

A complainant who makes a claim of sexual misconduct to the College will be given a copy of the document titled “Rights and Options After Filing a Complaint Under the College’s Sexual Misconduct Policy.” This document provides information about this policy and the Complaint Resolution Procedures used to investigate and resolve complaints of sexual misconduct, options for filing complaints with the local police, resources that are available on campus and in the community, etc. A person against whom a complaint has been filed will also be given similar information about the process and resources.

Conduct that Constitutes a Crime

Any person who wishes to make a complaint of sexual misconduct that also constitutes a crime—including sexual violence, domestic violence, dating violence, or stalking—is encouraged to make a complaint to local law enforcement. If requested, the College will assist the complainant in notifying the appropriate law enforcement authorities. In the event of an emergency, please contact 911. A victim may decline to notify such authorities.

Special Guidance Concerning Complaints of Sexual Violence, Domestic Violence, Dating Violence, or Stalking

If you are the victim of sexual violence, domestic violence, dating violence, or stalking, do not blame yourself. These crimes are never the victim’s fault. When a physical crime of violence has been perpetrated against you, the College recommends that you immediately go to the emergency room of a local hospital and contact local law enforcement, in addition to making a prompt complaint under this policy.

If you are the victim of sexual violence, domestic violence, or dating violence, do everything possible to preserve evidence by making certain that the crime scene is not disturbed. Preservation of evidence may be necessary for proof of the crime or in obtaining a protection order. As necessary to preserve evidence, victims of sexual violence, domestic violence, or dating violence should not bathe, urinate, douche, brush teeth, or drink liquids until after they are examined and, if necessary, a rape examination is completed. Clothes should not be changed. When necessary, seek immediate medical attention at an area hospital and take a full change of clothing, including shoes, for use after a medical examination.

It is also important to take steps to preserve other types of evidence such as letters, emails, text messages, social media posts, etc., rather than evidence of physical contact and violence. While preserving these types of evidence is important in all situations, they may be the only evidence available in cases of stalking.

Once a complaint of sexual violence, domestic violence, dating violence, or stalking is made to the College, the complainant has several options such as, but not limited to:

  • Contacting parents or a relative.
  • Seeking legal advice.
  • Seeking personal counseling (always recommended).
  • Pursuing legal action against the perpetrator.
  • Pursuing disciplinary action through the College.
  • Requesting that no further action be taken.
  • Requesting further information about the College’s policy and procedures for addressing sexual misconduct.
  • Requesting further information about available resources.

Information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims of sexual misconduct can be found in the appendix of this document. Please contact the Title IX Coordinator or Deputy Title IX Coordinator if you have any questions about these resources or need assistance in accessing them.

Vendors, Contractors, and Third-Parties

This policy applies to the conduct of vendors, contractors, and third parties. Members of the College Community who believe they have been subject to sexual misconduct in violation of this policy by a vendor, contractor, or other third party can make a complaint in the manner set forth in this section.

Retaliation

It is a violation of this policy to retaliate against any member of the College Community who reports or assists in making a complaint of sexual misconduct or who participates in the investigation of a complaint in any way. Persons who believe they have been retaliated against in violation of this policy should make a complaint in the manner set forth in this section.

Protecting the Complainant

Pending final outcome of an investigation in accordance with the Complaint Resolution Procedures, the College will take steps to protect the complainant from further discrimination or harassment. This may include assisting and allowing the complainant to change his or her academic, living, transportation, or work situation, to the extent that the College has control over these environments, if options to do so are reasonably available and upon request of the complainant. Such changes may be available regardless of whether the victim chooses to report the crime to Campus Security or local law enforcement. Requests to change an academic, living, transportation, or work situation, or for any other protective measure, should be made to the Title IX Coordinator or Deputy Title IX Coordinator. The College will maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the accommodations or protective measures.

If a complainant has obtained 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 or Deputy Title IX Coordinator. The College, in conjunction with Campus Security and other College officials as necessary, will take all reasonable and legal action to implement the order.

Amnesty

The College recognizes that an individual who has been drinking alcohol or using drugs may be hesitant to report sexual misconduct. To encourage reporting, the College will not take disciplinary action for drug or alcohol use against an individual making a good faith report of sexual misconduct, either as the complainant or as a witness, provided that these conduct violations did not and do not place the health or safety of any other person at risk. The College may, however, require the reporting individual to attend a course or pursue other educational interventions related to alcohol and drugs.

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.

Timing of Complaints

The College encourages persons to make complaints of sexual misconduct as soon as possible because late reporting may limit the College’s ability to investigate and respond to the conduct complained of.

Investigation and Confidentiality

All complaints of sexual misconduct will be promptly and thoroughly investigated in accordance with the Complaint Resolution Procedures, and the College will take disciplinary action where appropriate. The College will make reasonable and appropriate efforts to preserve an individual’s privacy and protect the confidentiality of information when investigating and resolving a complaint. However, because of laws relating to reporting and other state and federal laws, the College cannot guarantee confidentiality to those who make complaints.

In the event a complainant requests confidentiality or asks that a complaint not be investigated, the College will take all reasonable steps to investigate and respond to the complaint consistent with the request for confidentiality or request not to pursue an investigation. If a complainant insists that his or her name not be disclosed to the alleged perpetrator, the College’s ability to respond may be limited. The College reserves the right to initiate an investigation despite a complainant’s request for confidentiality in limited circumstances involving serious or repeated conduct or where the alleged perpetrator may pose a continuing threat to the College Community.

The Title IX Coordinator is the person responsible for evaluating requests for confidentiality, though this responsibility may be delegated to the Deputy Title IX Coordinator. The Title IX Coordinator (or Deputy Title IX Coordinator) may consult with other appropriate College officials and legal counsel as necessary.

Note that certain types of sexual misconduct are considered crimes for which the College must disclose crime statistics in its Annual Security Report that is provided to the campus community and available to the public. These disclosures will be made without including personally identifying information.

Resolution

If a complaint of sexual misconduct is found to be substantiated, the College will take appropriate corrective and remedial action to prevent the recurrence of the conduct and correct its discriminatory effects. Students and employees found to be in violation of this policy will be subject to discipline up to and including written reprimand, probation, suspension, demotion, termination, or expulsion. Affiliates and program participants may be removed from College programs and/or prevented from returning to campus. Remedial steps may also include counseling for the complainant, academic, transportation, work, or living accommodations for the complainant, separation of the parties, and training for the respondent and other persons.

Bad Faith Complaints

While the College encourages all good faith complaints of sexual misconduct, the College has the responsibility to balance the rights of all parties. Therefore, if the College’s investigation reveals that a complaint was knowingly false, the complaint will be dismissed and the person who filed the knowingly false complaint may be subject to discipline.

Academic Freedom

While the College is committed to the principles of free inquiry and free expression, sexual misconduct is neither legally protected expression nor the proper exercise of academic freedom.

Education

Because the College recognizes that the prevention of sexual misconduct is important, it offers educational programming to a variety of groups such as: campus personnel; incoming students and new employees participating in orientation; and members of student organizations. Among other elements, such training will cover relevant definitions, procedures, and sanctions; will provide safe and positive options for bystander intervention; and will provide risk reduction information, including recognizing warning signs of abusive behavior and how to avoid potential attacks. To learn more about education resources, please contact the Title IX Coordinator.