Disclosure of Crime Statistics - Home | HCC



2018 Annual Security Report October 12019, 2018 Annual Security Report October 12019, Hopkinsville Community College 2018 Annual Security Report Hopkinsville Community College (HCC) is a two-year community and technical college in Hopkinsville, Kentucky and is one of sixteen colleges that make up the Kentucky Community and Technical College System (KCTCS). The College has a main campus in Hopkinsville and has a second campus site on Fort Campbell, Kentucky. Founded in 1965 and accredited by the Southern Association of Colleges and Schools (SACS), the College’s goal is to prepare students for successful transfer to Kentucky four-year colleges or for immediate entrance into fulfilling careers. Disclosure of Crime Statistics This report is prepared by the Hopkinsville Community College Safety and Security Office to comply with both the Jeanne Clery Act and the Michael Minger Act. Crime statistics are requested annually from law enforcement entities that have jurisdiction over sites where Hopkinsville Community College conducts business and/or instruction. The full text of this report can be located on our college web site at . Once there, click on About, College at a Glance, Consumer Information & Student Right-To-Know, Campus Crime Statistics. You can also access the report directly at . Campus crime, arrest and referral statistics include those reported to the Safety and Security Office, designated campus officials ( including, but not limited to, directors, deans, department heads and advisors to students/student organizations), State and local Law Enforcement and the Fort Campbell Police Department. Current students and employees will receive the link to this report electronically. Prospective students and employees may download a copy from our website or request a hard copy of this report from the Safety Specialist by calling (270) 707-3795. Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) Originally known as the Campus Security Act, the Clery Act is the landmark federal law that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The law is tied to an institution's participation in federal student financial aid programs and it applies to most institutions of higher education both public and private. The Clery Act is enforced by the United States Department of Education. The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights, and was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery. Subsequent amendments in 2000 and 2008 added provisions dealing with registered sex offender notification and campus emergency response. The 2008 amendments also added a provision to protect crime victims, "whistleblowers", and others from retaliation. The Michael Minger Act, KRS 164.948 to 164.9489 The Minger Act is a Kentucky state law that requires public colleges and universities as well as private institutions licensed by the Kentucky Council on Postsecondary Education (CPE) to report campus crimes to their employees, students, and the public on a timely basis. The law took effect July 14, 2000 and additional provisions dealing with student housing fire safety took effect on July 13, 2004. The Minger Act requires: A public crime log (to be available online) recording incidents known to campus police and other campus officials Special reports when there is an ongoing threat to the safety of students and employees Schools to report their crime statistics annually to the CPE, which has responsibility for developing formats for reporting crime statistics and ensuring annual reports are received The State Fire Marshal to be granted access to the property of the institution for the purpose of inspection, investigation, or any other action necessary to prevent fire loss or to determine the origin of any fire Campus officials to immediately report each fire or threat of fire to the state fire marshal’s office and local authorities Crime Report Statistics To obtain the security statistics for HCC you may go to the U. S. Department of Education Web site: , or you may go to the HCC Web site: . Main Campus (720 North Drive, Hopkinsville, KY 42241) Crime Category 2016 2017 2018 Aggravated Assault 0 0 0 Arson 0 0 0 Burglary 0 0 0 Hate Crimes 0 0 0 Motor Vehicle Theft 0 0 0 Murder/Non-negligent Manslaughter 0 0 0 Negligent Manslaughter 0 0 0 Robbery 0 0 0 Sex Offenses-Forcible 0 0 0 Sex Offenses-Non-forcible 0 0 0 Illegal Weapons Possession 0 0 0 Drug Law Violations 0 0 0 Liquor Law Violations 0 0 0 Fort Campbell Campus (202 Bastogne Blvd., Fort Campbell, KY 42223) Crime Category 2016 2017 2018 Aggravated Assault 0 0 0 Arson 0 0 0 Burglary 0 0 0 Hate Crimes 0 0 0 Motor Vehicle Theft 0 0 0 Murder/Non-negligent Manslaughter 0 0 0 Negligent Manslaughter 0 0 0 Robbery 0 0 0 Sex Offenses-Forcible 0 1 0 Sex Offenses-Non-forcible 0 0 0 Illegal Weapons Possession 0 0 0 Drug Law Violations 0 0 1 Liquor Law Violations 0 0 0 Todd County Campus (806 South Main Street, Elkton 42220) Crime Category 2016 2017 2018 Aggravated Assault 0 0 0 Arson 0 0 0 Burglary 0 0 0 Hate Crimes 0 0 0 Motor Vehicle Theft 0 0 0 Murder/Non-negligent Manslaughter 0 0 0 Negligent Manslaughter 0 0 0 Robbery 0 0 0 Sex Offenses-Forcible 0 0 0 Sex Offenses-Non-forcible 0 0 0 Illegal Weapons Possession 0 0 0 Drug Law Violations 0 0 0 Liquor Law Violations 0 0 0 Reporting of Crimes and Other Emergencies We encourage the prompt and accurate reporting of all criminal matters occurring on either of Hopkinsville Community College campuses. If the incident requires, immediately dial 911 and then notify the Safety and Security Office. All other incidents should be reported to the Safety Specialist at who will then contact the local police as necessary. Law Enforcement and Hopkinsville Community College points of contact for reporting crimes and emergencies are listed below: TITLE NAME OFFICE CELL EMAIL Safety Specialist James Kauffman270-707-3795 Jkauffman0003@kctcs.edu Chief Business Affairs Officer Dr. Dale Leatherman270-707-3721 Dale.leatherman@kctcs.eduInterim Chief Academic Affairs Officer Jim Hunter270-707-3711 James.hunter@kctcs.eduFort Campbell Campus Director Allisha Lee 270-707-3958 allisha.lee@kctcs.edu Dean of Student Affairs Angel Prescott270-707-3801 angel.prescott@kctcs.eduSecurity Officer Duty Phone JamesKauffman 270-719-2039 Jkauffman0003@kctcs.edu Hopkinsville Police Department Emergency Non-Emergency 911 270-890-1500 Info-pd@hopkinsvilleky.us Fort Campbell Military Police Emergency Non-Emergency 911 270-7987111/12/13 Elkton Police DepartmentEmergency Non-Emergency911?270-265-9879 Timely Notification A special crime report will be made to the campus when any crime reported to the campus security authority personnel presents a safety or security threat to students or employees without delay and taking into account the safety of the community, unless issuing a notification will, in the judgment of the first responders compromise the efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency. The special crime report will be made in a manner that will aid in the prevention of similar occurrences. A campus-wide email will be used for this alert, along with our SNAP (Safety Notification Alert Program) emergency alert system if it is deemed necessary. A SNAP alert team of administrators and employees (which includes members of the Crisis Management Team) will use a consultation process to notify the campus of and initiate the notification process. The team will confirm that a significant emergency or dangerous situation involving immediate threat to health or safety of students or employees is occurring. The confirmation process will be performed as quickly as possible depending on the type of threat and will entail visual confirmation of the emergency by administrators where possible and the use of outside experts depending on the specific threat, i.e. spread of infectious disease. The notification process includes the SNAP alert system which provides text messaging to cell phones, office and campus computers, and office phones along with email messages to faculty, staff and students. The College has developed message scripts for various emergencies which can be revised depending on the emergency and the facility involved. The notification process also includes the use of email to faculty, staff and students. Follow up information will also be disseminated via these systems indicating all is clear, along with any necessary recovery information. On an annual basis the College tests its emergency and evacuation procedures. This test is documented by the Safety Specialist with details including the date, time and whether it was announced or unannounced. HCC will utilize email, posting of campus flyers, press releases to the local TV, newspaper, and radio media, and meetings with faculty and staff to publicize emergency response and evacuation procedures in conjunction with the annual test. Information will be made available to the general public and the local community regarding emergencies via the HCC Public Relations Office. Summary of Emergency Response and Evacuation Procedures Emergency response and evacuation procedures are published in the HCC Campus Safety & Crisis Manual with Chemical Hygiene Plan which is online at The emergency response and evacuation procedures outlined in the Campus Safety & Crisis Manual with Chemical Hygiene Plan are designed to aid in the protection of lives and property through effective use of available campus resources. Whenever an emergency affecting the campus reaches proportions that cannot be handled by routine measures, the president, or their designee, may declare a state of emergency and implement these guidelines. The Safety Specialist serves as overall Emergency Manager during any major emergency disaster. The following definitions of an emergency are provided as guidelines to assist HCC employees in determining the appropriate response: Minor Emergency: Any incident that will not seriously affect the overall functional capacity of the college. Report immediately to the campus Director of Security or the Director of the Maintenance and Operations. Major Emergency: Any incident that affects an entire building or buildings, which will disrupt the overall operation of the college. In this case, outside emergency services will be required, as well as major resource efforts from campus support services. Call 911 and then call the emergency campus phone number. Disaster: Any event that seriously impairs or halts the operations of the college. In some cases mass personnel casualties and severe property damage may be sustained. A coordinated effort of all campus-wide resources is required to control the situation. Outside emergency services will be essential. In all cases of disaster, an emergency command center will be activated and the appropriate support and operational plans will be executed. Call 911 and then call the emergency campus phone number. During a campus emergency, the Safety Specialist will place into effect the necessary measures to secure campus personnel and property and will coordinate emergency responses and evacuation procedures. The President, or designee, will make the determination if a state of emergency is to be declared and the type. Only authorized persons will be allowed on the campus during a declared state of emergency. The crisis management team, and others as designated by the President as essential, will comprise authorized personnel. Security of and Access to Campus Facilities HCC has a Safety Specialist. The coordinates and works with the security staff to promote a safe and secure environment for HCC. Campus facilities are accessible for academic, training, recreational, and administrative purposes. The general public also has access to these facilities and often uses the library, student center, recreational facilities and other venues where other special events are conducted. Only authorized personnel have keys to facilities. The security team checks facilities to determine that they are secure during non-business hours. The Maintenance and Operations Department maintains college buildings and grounds with a concern for safety and security. Maintenance and Operations Department personnel regularly inspect for and repair potential safety and security hazards as well as responding to reports of such potential hazards. Campus Law Enforcement Policy The campus does have s contracted College Resource Officer (CRO). The Safety Specialist works closely with local, state, and federal law enforcement and emergency services agencies in an effort to provide emergency services to the campus community. Crime related information and reports are routinely exchanged. Security Awareness and Crime Prevention Programs The Campus Safety & Crisis Manual with Chemical Hygiene Plan is available on the College web site for easy access by students, employees, and the public. The Safety and Crisis Manual with Chemical Hygiene Plan is reviewed annually and information regarding its location is distributed to employees and students electronically. Safety updates are distributed periodically to provide information about safety, security and the prevention of crime in which all faculty, staff and students are informed of these events. Additionally, presentations are conducted during Enable Sessions (new student orientations) which provide information about safety and security policies, procedures and statistics to incoming freshman. During these sessions, students are encouraged to report crimes, including the option to remain confidential to the extent possible. Deadly Weapons Policy HCC, as part of the Kentucky Community and Technical College System, is committed to providing a safe environment for students, faculty, and staff. Weapons, including concealed weapons, are not permitted on the campuses of Hopkinsville Community College. The concealed weapon bill, KRS 237.115, passed by the Kentucky legislature, grants colleges the right to prohibit possession of deadly weapons on campus. For more information on KCTCS policies regarding the Policy on Deadly Weapons, you may visit the HCC Safety Related Policies and Procedures site at: Drug, Alcohol and Tobacco Policies HCC, as part of the Kentucky Community and Technical College System, is committed to providing a safe environment for students, faculty, and staff. Being under the influence of alcohol or other drugs or the use, possession, distribution, manufacture, or sale of illegal or unauthorized drugs is prohibited and is punishable as a felony offense on campus or within 1,000 yards of campus. Conduct that violates this definition, poses unacceptable risks, and disregards the health, safety and welfare of members of the HCC college community. These violations can result in disciplinary action up to and including suspension or termination for college employees and disciplinary action for students. HCC is in compliance with the Drug-Free Workplace Act of 1988 and Drug-Free Schools and Communities Act amendment of 1989. Additionally, HCC is committed to providing and maintaining a healthy environment for its students, employees, and visitors. In view of this commitment, the college is a tobacco-free institution. No consumption of tobacco or e-tobacco products will be allowed on any college property (owned or leased) or in any college facility. For more information on KCTCS policies regarding Drugs, Alcohol and Substance Abuse or the HCC Tobacco policy, you may visit the HCC Safety Related Policies and Procedures site at: Sexual Assault Policy HCC expressly condemns sexual offenses committed by or against any member of the campus community. Sex offenses are grouped into two categories: Forcible and non-forcible. Forcible is defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim in incapable of giving consent. Non-forcible sex offenses are incidents of unlawful, non-forcible sexual intercourse. Sexual assault violations pertaining to students are included in the Code of Student Conduct Handbook and Kentucky law prohibits such conduct. Since sexual offense is a criminal act, jurisdiction also exists with outside law enforcement, which may be involved at any time. Perpetrators of this behavior are subject to criminal, civil and college penalties. Prior to initiating any corrective action, requirements associated with due process and just cause will be reviewed. Any person on college property who engages in a sexual offense should be immediately reported to the Director of Security, a faculty/staff member, or a member of the college’s Behavioral Assessment Team. In September 1992 the Campus Sexual Assault Victim’s Bill of Rights‖ legislation became law. This law requires colleges and universities to establish a comprehensive policy to respond to sexual assaults on their campuses. The following policy sets forth procedures and protocols in which faculty and staff will handle sexual assaults that involve our faculty, staff, and students of HCC, whether on- or off-campus. Reporting a Sexual Assault This can be done immediately following an incident by calling the Safety Specialist. The purpose of reporting to the Director of Security is to: Obtain the necessary medical assistance and emotional support. Protect yourself and others from future victimization. Detain the assailant. In some way seek justice for the wrong done to you. If you choose to report the incident, the Safety Specialist will take a statement from you regarding what happened. The Safety Specialist will give the city police a copy of the report or if you are thinking of filing a criminal complaint, the local police may be asked to be a part of the interview process. This does not mean you have to proceed with criminal charges. You can request that your identity be kept confidential. Medical Treatment It is important to seek immediate medical attention for several reasons. First, to assess and treat any physical injuries you may have sustained. The second is to determine the risk of sexually transmitted diseases or pregnancy. Third, is to gather evidence for aiding in the criminal prosecution of the assailant. Physical evidence should be collected immediately by qualified law enforcement personnel, preferably within the first 24 hours. It may be collected later than this, however, the quality and quantity of evidence may be diminished. Transportation The Safety Specialist will work to coordinate arrangements to transport sexual assault victims to a local hospital. Counseling and Emotional Support On-Campus At HCC, the Dean of Student Services works with the Pennyroyal Center to provide emotional support and counseling for HCC students. All sexual assault victims have access to a qualified and competent professional who is capable of providing them with short-term equitable, sensitive, and confidential support. Counselors employed by the Pennyroyal Center are exempt from Clery reportable events due to the fact that the Pennyroyal Center is not a part of Hopkinsville Community College. The counseling services are provided at no charge to the student. To arrange an appointment with a counselor, please call (270) 707-3801 for assistance. KCTCS Employees needing emotional support and counseling can seek assistance through the Employee Assistance Program. To arrange an appointment, please call (888) 293-6948 or go to . Off-Campus Sanctuary, Inc. operates a local rape crisis center with a 24-hour emergency hotline. They can be reached at (270) 887-6200. Trained personnel can provide information and confidential counseling to those who have been sexually assaulted. Sanctuary, Inc. can also be contacted at (270) 885-4572 or (800) 766-0000. Additionally, victims may contact the National Domestic Violence Hotline at (800) 799-SAFE (7233). College Disciplinary Action If you have been assaulted by another student or group of students and are considering college administrative action, you are encouraged to discuss the matter with the Dean of Student Affairs. This will allow you the opportunity to review procedures should you decide to file a formal complaint through HCC’s procedures for student violations and incidents. This discussion does not obligate you to pursue official action. If you are willing to take part in the college adjudication process, the Dean of Student Affairs will assist you with the process. Charges may either be filed by you or by HCC on the basis of your written statement. Such a charge would be handled in accordance with the procedures relating to violations of the Code of Student Conduct. Assailants could be subject to disciplinary action pending review by the college Judicial Board. Sex Offender Registration Policy In compliance with the Federal Campus Sex Crimes Prevention Act of 2000, KCTCS, through the Kentucky State Police, makes information available to the campus community concerning registered sex offenders who may be employees or students at HCC. The Kentucky State Police provides sex crime offender registration information to the public through the Sex Offender Registry website: . In addition, names supplied to the college by the Kentucky State Police may be obtained by contacting the Dean of Student Services. According to the Kentucky State Police, the website is provided for public safety and awareness. Pursuant to KRS 525.070 and 525.080, use of information from the website to harass a sex offender is a criminal offense punishable by up to 90 days in the county jail. More severe penalties apply for more severe crimes committed against a sex offender. Access to Campus Facilities Hours of operation on the Hopkinsville Campus during the Fall and Spring semesters are listed below. Summer sessions will have hours arranged for both on and off campus class offerings and may differ from other semesters. Access hours are recorded in the student class schedule. The Agriculture Building does not have specific hours and is only open during class times listed in the student schedule. Special functions have different arrangements and schedules. Academic Building Monday – Friday 7:00 am – 10:00 pm Saturday 7:00 am – 4:30 pm Offices (M-F) 8:00 am – 4:30 pm Bookstore (M-Th) 8:00 am – 4:00 pm Bookstore (F) Administration Building 8:00 am – 12:00 pm Monday & Thursday 7:30 am – 5:30 pm Tuesday, Wednesday & Friday 7:30 am – 4:30 pm Learning Resource CenterMonday – Thursday 7:30 am – 6:00 pmFriday 8:00 am – 4:30 pmOffices (M-F) 8:00 am – 4:30 pm Auditorium Building Monday – Friday 7:00 am – 9:00 pm Saturday 7:00 am – 4:30 pm Offices (M-F) 8:00 am – 4:30 pm Technology Building Monday – Friday 7:00 am –9:00 pm Saturday 7:00 am – 4:30 pm Offices (M-F) 8:00 am – 4:30 pm Fire Safety Information Hopkinsville Community College conducts fire evacuation drills each semester for occupied buildings, both day and night, in accordance with the Campus Safety & Crisis Manual with Chemical Hygiene Plan. At the start of each semester, employees and students are notified that evacuation drills will be conducted during the semester. The notification includes access to evacuation documents that include routes, and safe evacuation distances. Additionally, evacuation routes with maps are posted in several places in all buildings. Evacuation drill documentation includes a description of the test, date test was held, time the test started and ended, and whether the test was announced or unannounced. Clery Act related emergency test documentation is required to be kept for seven years. The Fort Campbell campus is located on a Department of Defense military base and all fire safety training, preparedness and response is controlled by the Fort Campbell Fire Department and the Garrison Headquarters. Definitions The definitions listed below are drawn from the Minger Reporting System website of the Council on Postsecondary Education Crime Reporting Guidelines. Please Note that all FBI UCR definitions were quoted directly from the Uniform Crime Reporting Handbook published by the FBI. The KRS crime descriptions are generalized statements and do not quote the KRS exactly. Please refer to the Kentucky Revised Statues and the Kentucky Criminal Law Manual for exact wording. FBI UCR Handbook: Kentucky Revised Statutes: Kentucky Criminal Law Manual: Arson - UCR Part and Definition - Part I Arson: Any willful or malicious burning or attempt to burn, with or without the intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. Assault - NIBRS Group and Definition - Group A Aggravated Assault: An unlawful attack by one person upon another wherein the offender uses a weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. - NIBRS Group and Definition - Group A Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. Burglary - NIBRS Group and Definition Group A Burglary/Breaking and Entering: The unlawful entry into a building or other structure with the intent to commit a felony or a theft. Campus - KRS 164.9481, 164.9483, 164.9485: All property owned, managed, or controlled by an institution of postsecondary education including but not limited to academic buildings; student housing and recreational facilities; residential facilities operated by any officially recognized student organization; all sections of public property such as streets, sidewalks, and parking facilities immediately contiguous to campus building; and remote facilities leased for use as classroom space or student living. Campus Security Authority - KRS 164.9481, 164.9483, 164.9485: Campus police, security officers, and any official at a postsecondary education institution who has significant responsibility for student and campus activities, including student discipline, student housing, student judicial affairs, and student life administration. Professional mental health, pastoral, and other licensed counselors when functioning in that capacity are not considered campus security authorities. Criminal Attempt - KRS 506.010 - Criminal Attempt: Intentionally engaging in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or intentionally doing or omitting to do anything which is a substantial step in a course of conduct planned to culminate in his commission of the crime; or engaging in conduct intended to aid another person to commit a crime, although the crime is not committed. Criminal Damage to Property - UCR Part and Definition: Part II: Vandalism The willful or malicious destruction, injury, disfigurement, or defacement of any public or private property, real or personal, without consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. This offense covers a wide range of malicious behavior directed at property, such as: cutting auto tires, drawing obscene pictures on public restroom walls, smashing windows, destroying school records, tipping over gravestones, defacing library books, etc. Count all arrests for above, including attempts. Crime - KRS 164.9481, 164.9483, 164.9485: Murder, manslaughter, reckless homicide, assault, menacing, wanton endangerment, terroristic threatening, stalking, forcible or non-forcible sex offenses, burglary, criminal damage to property, arson, theft, motor vehicle theft, robbery, weapons possession, and criminal attempt for any of the aforementioned crimes, and arrests for drug-related violations and liquor law violations. Driving Under the Influence - NIBRS Group and Definition - Group B Driving Under the Influence: Driving or operating a motor vehicle or common carrier while mentally or physically impaired as the result of consuming an alcoholic beverage or using a drug or narcotic. This offense includes driving while intoxicated and operating a bus, train, streetcar, boat, etc., while under the influence. Drug-related Violations - NIBRS Group and Definition - General definition of Drug/Narcotic Violations: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. - NIBRS Group and Definition - Group A Drug Equipment Violations: The unlawful manufacture, sale, purchase, possession, or transportation of equipment or devices utilized in preparing and/or using drugs or narcotics. Drunkenness - NIBRS Group and Definition - Group B Drunkenness: To drink alcoholic beverages to the extent that one's mental faculties and physical coordination are substantially impaired. Included are drunk and disorderly, common drunkard, habitual drunkard, and intoxication. Immediately - KRS 164.9481, 164.9483, 164.9485: Before the last fire unit has left the scene in order for the fire marshal's office to have the opportunity to speak with fire unit personnel before they leave the scene, but no later than two (2) hours following the time the fire or threat of fire is discovered. In the event of a minor fire to which the local fire officials are not called or do not respond, "immediately" means no later than one (1) hour following the discovery of the fire. Liquor Law Violations - NIBRS Group and Definition - Group B Liquor Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages. Driving under the influence and drunkenness violations are excluded. Included are violations of laws/ordinances prohibiting the maintenance of unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor; using a vehicle for the illegal transportation of liquor, etc.. Location - KRS 164.9485: Location is broken down in the following classifications: 1. Total number on campus: Subtotal of occurrences indicating specifically those in dormitories or other residential facilities; Subtotal of occurrences indicating specifically those in or on non-campus buildings or property; and 2. On public property contiguous to the campus. Manslaughter - NIBRS Group and Definition - Group A Negligent Manslaughter: The killing of another person through negligence. Menacing - KRS 508.050 - Menacing: Intentionally placing another person in reasonable apprehension of imminent physical injury. Motor Vehicle Theft - NIBRS Group and Definition - Group A Motor Vehicle Theft: The theft of a motor vehicle. A motor vehicle is defined for UCR purposes as a self-propelled vehicle that runs on land surface and not on rails and which fits one of the following property descriptions: automobiles, buses, recreational vehicles, trucks, or other motor vehicles. Murder - NIBRS Group and Definition - Group A Murder & Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another. Postsecondary Education Institution - KRS 164.9481, 164.9483, 164.9485: Any Kentucky public four (4) year institution or two (2) year community college or technical college that grants a postsecondary education credential, and any private college or university that is licensed by the Council on Postsecondary Education under KRS 164.945 to 164.947. Prejudice - KRS 164.9485: Any crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the victim’s actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability. Reckless Homicide - KRS 507.050 - Reckless Homicide: Recklessly causing the death of another person. Robbery - NIBRS Group and Definition - Group A Robbery: The taking, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of another person by force or threat of force or violence and/or by putting the victim in fear of immediate harm. Sex Offenses, Forcible - NIBRS General definition of a Sex Offense: Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent. NIBRS Group and Definition - Group A Forcible Rape: The carnal knowledge of a person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth). NIBRS Group and Definition - Group A Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. NIBRS Group and Definition - Group A Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. An "object" or "instrument" is anything used by the offender other than the offender's genitalia. NIBRS Group and Definition - Group A Forcible Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of this/her youth or because of his/her temporary or permanent mental or physical incapacity. Sex Offenses, Non-Forcible - NIBRS Group and Definition - General Definition: Unlawful, non-forcible sexual intercourse. NIBRS Group and Definition - Group A Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. NIBRS Group and Definition - Group A Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. (If this is non-forcible, then rape, sodomy, and sex abuse that are only statutory are non-forcible.) Stalking - KRS 508.140 - Stalking in the first degree: Intentionally stalking another person and making an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, serious injury, or death; and a protective order has been issued, or a criminal complaint is currently pending, or the defendant has been convicted of a Class A misdemeanor against the same victim. KRS 508.150 - Stalking in the second degree: Intentionally stalking another person and making an explicit or implicit threat with the intent to place that person in reasonable fear of sexual contact, serious injury, or death. See also KRS 508.130 for definitions of stalking, course of conduct and protective order. Terroristic Threatening - NIBRS Group and Definition - Group A Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. Theft - NIBRS Group and Definition - Group A Larceny/Theft Offenses: The unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession, of another person. NIBRS Group and Definition - Group A Pocket-Picking: The theft of articles from another person's physical possession by stealth where the victim usually does not become immediately aware of the theft. NIBRS Group and Definition - Group A Purse-Snatching: The grabbing or snatching of a purse, handbag, etc., from the physical possession of another person. NIBRS Group and Definition - Group A Shoplifting: The theft, by someone other than an employee of the victim, of goods or merchandise exposed for sale. NIBRS Group and Definition - Group A Theft from Motor Vehicle: The theft of articles from a motor vehicle, whether locked or unlocked. NIBRS Group and Definition - Group A Theft of Motor Vehicle Parts or Accessories: The theft of any part or accessory affixed to the interior or exterior of a motor vehicle in a manner which would make the item an attachment of the vehicle or necessary for its operation. NIBRS Group and Definition - Group A Theft from Building: A theft from within a building which is either open to the general public or where the offender has legal access. NIBRS Group and Definition - Group A Theft from a Coin-Operated Machine or Device: A theft from a machine or device which is operated or activated by the use of coins. NIBRS Group and Definition - Group A All other Larceny: All thefts which do not fit any of the definitions of the specific subcategories of Larceny/Theft listed above. UCR Part and Definition - Part II Embezzlement: Misappropriation or misapplication of money or property entrusted to one's care, custody, or control. Include attempts. NIBRS Group and Definition - Group A Embezzlement: The unlawful misappropriation by an offender to his/her own use or purpose of money, property, or some other thing of value entrusted to his/her care, custody, or control. Wanton Endangerment - KRS 508.060 - Wanton Endangerment in the first degree: When under circumstances manifesting extreme indifference to the value of human life, a person wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person. KRS 508.070 - Wanton Endangerment in the second degree: Wantonly engaging in conduct that creates a substantial danger of physical injury to another person. Weapons Possession - NIBRS Group and Definition - Group A Weapon Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. Include violations such as the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc. silencers; and furnishing deadly weapons to minors. ANNEX A - Sexual Misconduct Policy Statements Pursuant to policy, procedure, and practice, KCTCS is committed to providing a work and scholastic environment that is respectful, professional, and free from unlawful harassment and other forms of illegal discrimination. Individuals, including students, employees, volunteers, customers, and visitors, shall not be forced to tolerate a hostile work or scholastic environment or be subject to illegal offense(s) against a person or property motivated in whole or in part by an offender’s bias against a sex, race, religion, disability, ethnic origin, sexual orientation, or any other characteristic protected by local, state, or federal employment discrimination law. All faculty, staff, and employees in all positions, as well as volunteers, are covered by and are expected to comply with this policy and to take appropriate measures to ensure that prohibited conduct does not occur. It is the current policy of the Kentucky Community and Technical College System (KCTCS) to maintain an environment for students that is free of discrimination, sexual harassment, sexual misconduct and all forms of sexual intimidation and exploitation. Sexual harassment is an assault on a person’s privacy and integrity. It can cause poor academic performance, physical illness, fear of reprisal, anxiety, and loss of self-confidence. Sexual harassment also can affect those exposed to the situation, causing conflict in the classroom, a decline in morale, and a loss of respect for the responsible party. Information concerning an allegation of sexual harassment will be handled in a confidential manner insofar as possible. To comply with federal law and to safeguard our students and employees, KCTCS has enacted policies and procedures governing KCTCS’ prohibition of sexual misconduct, dating violence, domestic violence, sexual assault, and stalking. These policies and procedures address the legal definition of those terms, the definition of consent, safe and positive options for bystander intervention, information on risk reduction, and policies and procedures should an incident of sexual misconduct occur. Through enforcement of policy and by education of students, employees and volunteers, KCTCS seeks to prevent, correct, and discipline behavior that violates our current and new policies. To ensure a harassment-free workplace, KCTCS mandates the following: All employees complete applicable components of the mandatory KCTCS Harassment-Free Workplace Training program when initially hired and annually thereafter; additionally, volunteers must complete the training program when they begin their service. All employees, students, volunteers, customers, vendors, visitors, and other individuals shall engage in proper behavior and interactions. All supervisors, managers, and administrators shall take appropriate steps to report alleged incidents of harassment. Upon receiving a complaint or becoming aware of suspect behavior, KCTCS officials shall take appropriate follow-up action for any alleged incidents of harassment. All students, employees and volunteers, particularly supervisors, have a responsibility for keeping our environment free of harassment. Any student, employee or volunteer who becomes aware of an incident of alleged harassment, whether by witnessing the incident or being told of it, shall report it to an immediate supervisor, the Title IX Coordinator, human resources staff, or the designated management representative with whom they feel comfortable. When supervisors or managers become aware of alleged harassment, it is KCTCS policy that they immediately notify the college Title IX Coordinator, the college Human Resources Office, the KCTCS Human Resources Office, or KCTCS Office of Legal Services in order for the claim to be fully investigated. Description of Primary and Ongoing Sexual Assault Awareness and Prevention Training: In order to raise awareness around the issues of domestic violence, dating violence, stalking, and sexual assault KCTCS entered into a one-year pilot program with the nationally recognized online student wellness provider, Everfi. All KCTCS colleges implemented the online training platform during the 20142015 semester. The training platform was provided to students and employees in both the Fall and Spring semesters and provided participants with the following information: Definitions: Dating Violence (KRS 158.070): A pattern of behavior in which a person uses or threatens to use physical, mental, or emotional abuse to control another person who is in a dating relationship with the person, where one (1) or both persons are thirteen (13) to nineteen (19) years of age; or Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one (1) or both persons are thirteen (13) to nineteen (19) years of age. Domestic Violence (KRS 403.715): "Domestic violence and abuse" means physical injury, serious physical injury, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple. Stalking (KRS 508.130): To "stalk" means to engage in an intentional course of conduct: (a) Directed at a specific person or persons; (b) Which seriously alarms, annoys, intimidates, or harasses the person or persons; and (c) Which serves no legitimate purpose. The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress ? Sexual Assault (KRS 510.110): He or she subjects another person to sexual contact by forcible compulsion; or He or she subjects another person to sexual contact who is incapable of consent because he or she: Is physically helpless; Is less than twelve (12) years old; or Is mentally incapacitated; or Being twenty-one (21) years old or more, he or she: Subjects another person who is less than sixteen (16) years old to sexual contact; Engages in masturbation in the presence of another person who is less than sixteen (16) years old and knows or has reason to know the other person is present; or Engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate; or ? Lack of Consent (KRS 510.020): 1. Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct. 2. A person is deemed incapable of consent when he or she is: (a) Less than sixteen (16) years old; (b) An individual with an intellectual disability or an individual that suffers from a mental illness; (c) Mentally incapacitated; (d) Physically helpless; or (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. Safe and Positive Options for Bystander Intervention: Information on safe and positive options for bystander intervention was presented through the lens of social norms and dispelled the myth that most students wouldn’t act if they saw a situation that was potential leading up to a sexual misconduct assault. Options for bystander intervention included direct intervention, distraction, and delegation. Information on Risk Reduction: Everfi’s platform delivers risk reduction information without using language consistent with victim blaming. It encourages students to look out for one another and stand up and speak out when they see an abusive situation occurring. The program also provides a variety of tips to keep students mindful of their surroundings when at social events. Reporting Procedures for Sexual Misconduct: Importance of preserving evidence It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 120 hours so that evidence may be preserved. This evidence may also assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to university hearing boards/investigators or police. How and to whom KCTCS strongly encourages all individuals to report incidents of harassment, sexual assault, domestic violence, dating violence, and stalking to their college’s Title IX Coordinator and/or local police. Reports can be made to the Title IX Coordinator by phone, email, or in person. Reports can also be made anonymously through Ethics Point. When an individual files a report of sexual misconduct to a Title IX Coordinator the complainant and respondent will be provided a written explanation outlining the following: Existing counseling, health, mental health, victim advocacy, legal assistance, financial aid, and other services available both within the institution and in the community, Notification to victims about options for, available assistance in, and how to request chances in academic, transportation, working situations or protective measures. These accommodations are available to complainants even if they choose not to purse disciplinary actions. ? An explanation of the procedures in the disciplinary action process, ? An explanation of the student or employee’s rights and options. Options about the involvement of law enforcement All individuals who make a report of sexual misconduct to their college’s Title IX Coordinator holds the right to decide whether to file a report with local law enforcement. They may choose to notify local police independently, request assistance from the college to file a police report, or decline to notify such authorities. While KCTCS ultimately respects the rights of the complaint’s decision to involve local police authorities there may be some circumstances that pose an on-going threat to the health and safety of the campus community that may warrant a police investigation. In these rare cases, a complainant still maintains the right to decide whether or not to cooperate with those authorities. Rights of Victim’s – Institutional Responsibilities for EPOs It is the responsibility of students, faculty and staff with emergency protective orders to bring this to the attention of college administrators. When this occurs, the college will attempt to assist in maintaining this protective order by calling local authorities should an individual violate this order. If an individual is violating an emergency protective order on a KCTCS campus, we encourage the EPO holder to notify police and/or campus security immediately Confidentiality KCTCS seeks to respect requests for confidentiality in its response to incidents of discrimination, harassment, and retaliation. However, it may be necessary to reveal certain personally identifying information to investigate and address complaints effectively. In such cases, the college takes steps to ensure that information is only shared as necessary, on a need-to-know basis, to resolve the underlying allegations. College employees, including faculty, administrators, staff, and student employees, must report to the Title IX Coordinator any incidents of possible sexual harassment, sex discrimination, or retaliation on campus of which they are aware. Disciplinary Proceedings Describes each type of disciplinary proceeding used by the institution; the steps, anticipated timelines, and decision-making process for each type of disciplinary proceeding; how to file a disciplinary complaint; and how the institution determines which type of proceeding to use based on the circumstances of an allegation of DVDVSAS Initial Assessment The initial steps for resolution of a complaint are the same whether the Respondent is a student, employee, or guest. Employee and guest Respondents will be processed in accordance with KCTCS employment policies and procedures. Student Respondents will be processed in accordance with the KCTCS Student Code of Conduct and student policies and the Hearing Procedures for Student Respondents In every report of sexual harassment or misconduct, KCTCS will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim protective measures to provide for the safety of the individual and the campus community. After consideration of these factors, KCTCS may choose to pursue an informal resolution, which may include a remedies-based approach (reserved for less egregious violations). If the violation warrants, the SO Title IX Committee will refer the matter for investigation. The initial assessment may take one to three business days. Investigation When the Initial Title IX Assessment concludes that an investigation is required, KCTCS will designate an investigator(s) from System Office with specific training and experience investigating allegations of sexual harassment and sexual misconduct. KCTCS may use a team of two investigators, which may include the College Human Resources Director with a System Office investigator, or two System Office investigators. The investigation will be a fair and reliable fact-gathering process. The investigation will be conducted thoroughly, impartially, and fairly. The investigation will be respectful of individual privacy concerns, but must be performed in a manner that will ensure KCTCS’s compliance with all state and federal laws, including provision of due process to the Respondent. KCTCS will seek to complete the investigation within 20 (twenty) business days of receiving the complaint. This time frame may be extended depending on the circumstances of each case. At the conclusion of the investigation, the investigators will forward the report to the System Office Title IX Committee for review and evaluation. When an investigation demonstrates that sufficient evidence exists that a violation of policy and procedure has occurred, Respondents will be subject to disciplinary action based on their relationship to KCTCS. For a student Respondent, disciplinary action may be taken by the student’s home college following a finding of responsibility by the Responsibility Assessment Committee. (See Appendix B) For an employee Respondent, disciplinary action may be taken by the supervisor in accordance with employment policies and procedures. For a guest Respondent, KCTCS will take the necessary action to ensure the policy violation does not recur and, if appropriate, involve local law enforcement. Informal Resolution Informal resolution is a remedies-based, non-judicial approach designed to eliminate a hostile environment without taking disciplinary action against a Respondent. Where the Title IX assessment concludes that informal resolution may be appropriate, KCTCS will take immediate action to protect the rights of the Complainant and remediate and correct the policy violations leading to the complaint. Timeframe KCTCS seeks to resolve all reports within 60 days of the initial report. All time frames expressed in this policy are meant to be guidelines rather than rigid requirements. Extenuating circumstances may arise that require the extension of time frames, including extension beyond 60 days. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances. Prompt, Fair, and Impartial Process KCTCS seeks to resolve all cases of sexual misconduct in a manner that is prompt, fair, and impartial by ensuring the following rights and options are reserved for both the complainant and the respondent: The complainant and respondent will be provided the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. While this choice is available, KCTCS will not allow the advisor to address the investigators or the hearing board at any point during this process. The advisor is only available for emotional support and guidance. Both parties will receive simultaneous notification of the result of the disciplinary proceedings, procedures to appeal the results of a disciplinary proceeding, any chance to that result, and when the result becomes final. The investigations and disciplinary proceedings will be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault and stalking. Sanctions for Policy Violation for Students: Students found responsible for policy violations can result in the following sanctions: Reprimand: Official written or oral statement to the student that he or she is guilty of violating a college regulation. A reprimand warns that any further such actions may result in a more severe sanction. Restitution: Compensation to the college for damages to college property. Social Probation: Status given to less serious policy violations, and in some cases, a restriction of privileges for a specified time. College/Community Service: Service to the college or community of up to 16 hours be served within a specified time frame. Educational Sanction: An educational sanction requiring attendance or participation in a pre-arranged class, program, or activity designed to prevent or deal with high-risk behavior. Counseling: Student may be referred to counseling evaluation on appointment by Counseling Services. Eviction: Forced removal from a classroom or other college property. College Probation: Status that carries a severe warning that any further violation of college regulations that may result in the student going before the College Appeals Board for consideration of suspension or expulsion. This may include restrictions of privileges for a specified period of time. Suspension: Forced withdrawal from the college for a specified period of time or until stated conditions have been met as determined by the College Appeals Board. College will place the Student Dean Hold service indicator for no future enrollments at the Home College or other KCTCS college during the specified period of time or until stated conditions had been met. Immediate Suspension: A student may be suspended immediately when: In the judgment of the chief executive officer (upon consultation with the chief student affair’s officer), the presence of the student poses a serious threat to persons and/or property provided informal opportunity is first given to the student, except in the case of exigent circumstances, to discuss the matter and possible resolution. The student refuses to cease disruptive behavior or conduct in violation of this policy after direct orders from the chief executive officer (upon consultation with the chief student affair’s officer). c. When such suspension is involved, the student must leave the campus immediately. Students refusing to do so will be removed by law enforcement authorities and charged with trespassing. When a student is placed on immediate suspension, a disciplinary hearing will be held at the earliest reasonable time (see Student Code of Conduct Section 3.6.). Expulsion: Permanent, forced withdrawal from the college as determined by the College Appeals Board. Accommodations/Protections: Students and employees who file claims of harassment have a variety of accommodations and/or protective remedies available to them. One or more of the following may apply to the situation: referral to counseling services and other resources rescheduling of exams or assignments (in conjunction with appropriate faculty) no-contact letter temporary class schedule reassignment provision of an escort on campus property temporary work reassignment One or more of the following protective remedies may be enacted for the respondent: administrative leave during the investigation and resolution immediate temporary suspension from the college during the investigation and hearing process interim volunteer duty reassignment suspension of volunteer duty during the investigation; report of the matter to local law enforcement in the jurisdiction in which the college is located ban from college location(s) limited access to college facilities or organizations pending resolution of the report ? report of the matter to local law enforcement in the jurisdiction in which the college is located KCTCS further reserves the right to apply any other remedy that can be tailored to the involved individuals to achieve the goals of this policy. Complainants and respondents will be provided a copy of the KCTCS policy and procedure containing available resources and detailing the applicable resources, rights, and responsibilities involved in the complaint, investigation and adjudication process. ................
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