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Title IX

 

 

Title IX of the Education Amendments of 1972 states
"No person in the United States shall, on the basis of sex,
be excluded from participation in, be denied benefit of, or
be subjected to discrimination under any education program or activity
receiving federal financial assistance." 

 

Jefferson College recognizes sexual misconduct as a serious campus concern and a violation of the rights and dignity of the individual. It will not be tolerated on College property or at any College-sponsored activity. Jefferson College is committed to preventing sexual misconduct through incorporation of educational programming and the adoption of clear grievance procedures protecting students, faculty, staff, and third parties and outlining the College’s procedures in handling such cases.

 

 


DEFINITIONS

Sexual misconduct includes sex or gender based discrimination, harassment, or violence including dating violence, domestic violence, sexual assault (including rape, fondling, incest, and statutory rape) and/or stalking.

Discrimination: Conferring, refusing or denying benefits, or providing differential treatment to a person or class of persons on the basis of age, ancestry, color, creed, disability, genetic information, marital status, national origin, race, religion, sex, gender identity or expression, sexual orientation, or veteran status, or any other characteristic protected by law.

Harassment: A form of discrimination that occurs when the school or work environment becomes permeated with intimidation, ridicule, or insult that it is sufficiently severe or pervasive enough that it unreasonably alters the employment or educational environment.

Sexual Harassment: A form of discrimination on the basis of sex.  Sexual harassment is unwelcome conduct that occurs when a.) benefits or decisions are implicitly or explicitly conditioned upon submission to, or punishment is applied for refusing to comply with, unwelcome sexual advances, request for sexual favors or conduct of such nature; or b.) the school or work environment permeated with intimidation, ridicule or insult that is based on sex or is sexual in nature and that is sufficiently severe or pervasive enough to alter the conditions of participation in the College's programs or activities or the conditions of participation in the College's programs and activities or the conditions of employment.  Sexual harassment may occur between members of the same or opposite sex. 

Sexual Violence collectively refers to the terms “Sexual Assault,” “Domestic Violence,” “Dating Violence,” and “Stalking". 

Sexual Assault (Sex Offenses). Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental impairment or if force was used or threatened.. a. Rape is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females. b. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.c. Incest is sexual intercourse between persons who are related to each other within the degrees where in marriage is prohibited by law. d. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent. The definition of Sexual Assault is not intended to prohibit the use of sexually explicit materials in or outside of the classroom, when in the judgment of a reasonable person the materials are related to the academic mission and appropriate to learning.

Consent: Words or actions that show a knowing and voluntary agreement to willingly engage in agreed upon sexual activity. Consent cannot be gained by force, requires communication between all involved individuals, and must be obtained one step at a time, e.g., consent for oral sex does not constitute consent for intercourse. Silence, non communication, passivity, or lack of resistance should not be interpreted as an indication of consent. Previous consent does not imply consent to any future form of sexual activity. Consent can be rescinded at any time. Consent is not valid if: (a) it is given by a person who lacks the mental capacity to authorize the conduct and such mental incapacity is manifest or known to the actor; or (b) it is given by a person who by reason of youth, mental disease or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct; or (c) it is induced by force, duress, or deception.

Domestic Violence: A felony or misdemeanor crime of violence 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 cohabited 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.

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, with consideration of length of relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. . For the purposes of this definition dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of Domestic Violence.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for her or his safety or the safety of others; or suffer substantial emotional distress. For purposes of this definition: • “Course of conduct” means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property; • “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and • “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.



HOW TO REPORT SEXUAL MISCONDUCT TO THE COLLEGE?
(Title IX Brochure)

Your first priority should be to get to a place of safety. You should then obtain necessary medical treatment.(Although it may be extremely difficult, ideally a victim of sexual assault should not brush his/her teeth, drink anything, smoke a cigarette, wash, douche, use the toilet, or change clothing prior to a medical/legal exam.)

  • Mercy Hospital Jefferson, Crystal City, MO. Phone: (636) 933-1111.
  • Mercy Hospital South, St. Louis, MO. Phone: (314) 525-1000.

The Jefferson College Police Department (JCPD) strongly advocates that a victim of sexual violence report the incident in a timely manner. Time is a critical factor for evidence collection and preservation. (Although it can be extremely difficult, ideally a victim should not disturb the crime scene and save all clothing and items involved.)

While the College encourages students to bring reports of sexual misconduct to the attention of the College for investigation and response, the College also understands that some individuals may wish to speak confidentially about their circumstances. The only individual affiliated with the College with whom students may speak with confidentially is a COMTREA licensed professional counselor. To make an appointment, please call 636-481-3215.  No identifying information will be shared with the College without a signed release from the student. Counseling records are maintained by COMTREA, not Jefferson College.

* Please be aware that disclosing sexual misconduct to school officials may result in the disclosure of confidential information, as per law. If a victim  discloses an incident but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the College must weigh that request against the College’s obligation to provide a safe, non-discriminatory environment for all students, including the victim.  

  • Jefferson College Police Department; Emergency 911, 636-481-3500, Viking Woods 215
    Individuals reporting Sexual Violence may notify JCPD, but are not required to do so.  Filing a police report will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions.   The victim may choose for an investigation to be pursued through the criminal and/or civil justice systems and the College's disciplinary system or only the later.  The existence of a criminal investigation or proceeding will not delay the College’s own investigation or disciplinary proceedings.  When a sexual assault victim contacts JCPD, the Jefferson County Sheriff’s Department will also be notified. Additionally, if the student resides at Viking Woods, a residential advisor will be notified.

Filing a police report will:

  • ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the victim.
  • provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later.
  • ensure that the victim has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.
  • ensure that the victim has access to information to obtain or enforce a no contact directive or restraining order, as issued by the court.

  • Title IX Coordinator; Kim Sahr, 636-481-3258, Student Center 211
    The College has designated Kim Sahr as the lead person responsible for coordinating the College's efforts to comply with the College's Title IX responsibilities, overseeing the College's response to reports of Title IX violations, and identifying and addressing any pattern or systematic problems. Kim Sahr, or her designee, will meet with anyone who reports sexual misconduct to review his/her rights and options, available support services and interim measures, and information about how information is kept confidential — to every extent possible.

    Deputy Title IX Coordinators
  • All Other Employees
    All other College employees have been designated as Responsible Employees and are thus required to notify the College’s Title IX Coordinator when he/she is aware of sexual misconduct.

  • Online Option
    An online incident report may be submitted, which will be forwarded to the Title IX Coordinator, Deputy Coordinator, and the Title IX Coordinator's administrative assistant.  Providing your name and contact information is NOT required to submit this report. This sample complaint form may be used to submit a complaint, but is not required.

Sample Complaint Form - This sample complaint form may also be used to submit a complaint, but is not required.



WHAT HAPPENS WHEN THE COLLEGE IS NOTIFIED OF A COMPLAINT?

Any individual who reports to the College that he or she is the victim of Sexual Violence-Misconduct has rights and options under College policies and procedures.  These rights include receiving:

  • written notification regarding community and College-based support services (ex: counseling-health/mental health; health; victim advocacy; legal assistance including obtaining orders of protection, no contact orders, etc; visa and immigration assistance; and student financial aid assistance);
  • written information about the availability of interim measures or accommodations-even if the incident is not formally reported;
  • a written explanation of the individuals' rights and options under relevant College policies or procedures, whether the incident took place on campus or off campus; and
  • information on how the college will protect the confidentiality of the victim.

For additional information, please view the Jefferson College Title IX Brochure.




COMMUNITY AND COLLEGE-BASED SUPPORT SERVICES

Several appropriate sources of assistance are available and may be contacted directly or with the assistance of the Title IX Coordinator or her designee, the On-Campus Advocate, or the COMTREA on Campus Counselor.

COUNSELING/MENTAL HEALTH

  • COMTREA on Campus. Counseling services are confidential and free for any college student. 636-481-3215.
  • Behavior Health Response Hotline (BHR). 314-469-6644.
  • Crisis Text Line. Text HOME to 741741.
  • COMTREA (Community Treatment, Inc.).  COMTREA is a comprehensive community health center designed to serve those in need, provide the best professional care, in the most comfortable surroundings, at the most reasonable price possible. 227 E. Main Street Festus, MO. 636- 931-2700.

 


HEALTH

  • Mercy on Campus Health Clinic.  The clinic is located in Viking Woods 215 at Jefferson College, and is open to community members, students, and college employees/dependents for sick visits, personal wellness, stress management, and other health programs. Phone: 636-543-2290.
  • Mercy Hospital Jefferson. Mercy Hospital operates acute care, specialty care, and critical access hospitals in communities across four states. 1400 Highway 61 South, Festus, MO 63028 636-933-1000.
  • Mercy Hospital South. St. Anthony’s provides on call 24-7 Certified Sexual Assault Nurse Examiners (SANE). They are registered nurses specially trained to provide comprehensive, uninterrupted care to sexual assault survivors, including the collection of forensic evidence.  10010 Kennerly Road, St. Louis, MO 63128 314-525-1000.
  • If the victim does not have a treating provider but is suffering from health-related issues, the student may contact COMTREA on Campus at 636-481-3215 to be connected with a campus health provider or appropriate off-campus resource.

 


DISABILITY

  • Disability Support Services. Students may also be entitled to additional services and supports if they have a disability, including those who developed a disability as a result of experiencing sexual misconduct. The DSS Office of Jefferson College is committed to the fulfillment of equal educational opportunities, autonomy and full inclusion for students with disabilities. DSS serves to determine and ensure appropriate accommodations for qualified students with documented disabilities, to assist students in self-advocacy and to ensure compliance with the ADA, ADAAA and Section 504 of the Rehabilitation Act. Disability Support Services, 636-481-3169, Technology Center 101.
  • Department of Mental Health.  The Department of Mental Health’s Mission is the prevention, treatment, and promotion of public understanding for Missourians with mental illnesses, developmental disabilities, and addictions.  Main switchboard 573-751-4122 or 1-800-364-9687.
  • Disability Resource Association.  Disability Resource Association offers a wide range of programs and services to meet the needs of their consumers. As an Independent Living Center DRA provides five core services which act as an anchors for all other services provided: Independent Living Skills Training, Individual and Systems Advocacy, Information and Referral, Peer Consultation, and Transitioning.  130 Brandon Wallace Way, Festus, MO 63028 636-931-7696. 

 


VICTIM ADVOCACY

  • COMTREA's A Safe Place.  COMTREA provides, with dignity and respect, a comprehensive, quality program including education, therapy/counseling, shelter advocacy, accessibility, referral network, etc. to any battered victim and their children.  227 Main Street Festus, MO 63028; 877-266-8732 or 636-232-2301. 
  • Missouri Coalition Against Domestic and Sexual Violence.  MCADSV can connect you to a wide range of free services, including shelter, legal and medical advocacy, counseling and support groups, and other assistance. Outreach services are also available to survivors who do not stay in a shelter. For information on shelters and nonresidential domestic and sexual violence programs, contact MCADSV during business hours. MCADSV: 573-634-4161
  • National Domestic Violence Hotline. The National Domestic Violence Hotline provides confidential, one-on-one support to each caller and chatter, offering crisis intervention, options for next steps and direct connection to sources for immediate safety. 1-800-799-7233 or  800-787-3224 (TTY)  Interpreters available in 170 different languages
  • National Sexual Assault Hotline.  Rape, Abuse, and Incest National Network provides support for sexual assault victims and their loved ones through two hotlines: 1 (800) 656-HOPE and online.rainn.org.
  • DoD Safe Helpline.  Sexual Assault support for the DoD community: 877-995-5247


LEGAL ASSISTANCE

  • Jefferson College Campus Police. The Police Department can provide assistance with available processes within the criminal justice system. The Jefferson College Police Department is responsible for enforcing any judicially issued protective measures, such as an Order of Protection, Restraining Order, or similar order. The Jefferson College Police Department can assist individuals in seeking such Order and should be provided with a copy of any Order obtained by a member of the campus community.   636-481-3500 or 911.
  • Jefferson County Sheriff.  The sheriff’s department will apprehend criminals and investigate crimes in Jefferson County.  The sheriff’s department has also designated a victim services coordinator, who can be reached at 636-797-5017 or ddavison@jeffcomo.org  The Sheriff's office is located at 400 1st Street, Hillsboro, MO 63050.  636-797-5000.
  • Civil Order for Protection/Restraining Order. Any victim of stalking or an adult abused by a present or former spouse, adult family or household member, or adult who is or has been in a continuing social, romantic or intimate relationship, or a person with whom the victim has a child may file for an ex parte order of protection.  No filing fee, court costs or bond is required to file, nor do you need a lawyer to file.  The petition must be filed in the county where the petitioner resides, where the alleged abuse occurred or where the respondent may be served. Jefferson County Courthouse, 300 Main Street Hillsboro, MO 63050; 636-797-5443. 
  • Missouri Victim Automated Notification System. MOVANS is a fully automated information notification system that immediately notifies registered users upon a change in an offender’s incarceration, court status or the status of a protection order.  866-566-8267 or www.vinelink.com
  • Legal Services of Eastern Missouri. LSEM provides high-quality civil legal assistance for low-income people. Legal services are most frequently provided in areas relating to domestic violence and other family law issues, children, education, health, housing and homelessness, public benefits, elder law, immigration, and consumer matters. 4232 Forest Park Avenue St. Louis, MO 63108; 314-534-4200 1-800-444-0514. 
  • Legal Advocates for Abused Women.  The LAAW program of CVAC provides the only domestic violence program that partners with law enforcement and criminal court systems to break the cycle of violence at the earliest possible stage. LAAW serves St. Louis City and the counties of St. Louis, St. Charles, Jefferson, Lincoln and Franklin. 314-664-6699 or 800-527-1460.

 

VISA AND IMMIGRATION ASSISTANCE

  • Jefferson College Enrollment Services-International Students. Jefferson College is authorized under federal law to enroll international students. Admission inquiries should be directed to Director of Enrollment & Retention, Kathy Johnston 636-481-3280, kjohnsto@jeffco.edu. 
  • Legal Services of Eastern Missouri.  (LSEM) immigration law program has extensive experience helping clients navigate complex immigration laws to reunite with immediate family members, stabilize their households, and become Naturalized U.S. Citizens. They also assist violent crime survivors with various humanitarian visas, to help those survivors achieve equal access to justice and long-term safety. 4232 Forest Park Avenue St. Louis, MO 63108; 314-256-8756, interpreters available.  
  • U.S. Citizenship and Immigration Services offer services for citizenship, green card, working in the U.S., and for families to immigrate. https://www.uscis.gov/
  • U.S. Immigration and Customs enforces federal statutes with a focus on immigration, preventing terrorism, and combating the illegal movement of people and trade.  866-633-1182. 
  • U.S. Department of Homeland Security secures our country from terrorism and natural disasters. To report suspected human trafficking 866 341 2423 or to get help from the National Human Trafficking Hotline 888-373-7888

 

STUDENT FINANCIAL AID ASSISTANCE

  • Jefferson College’s Student Financial Services. Assists students in applying for and acquiring state and federal financial assistance, facilitates the A+ program, awards scholarships, oversees work study program, and assures compliance with state and federal financial aid guidelines.  This includes calculating the amount of overpayment of paid federal financial aid, should a student quit participating in all courses prior to the 60% point of the semester. 636- 481-3212 or finaid@jeffco.edu
  • Federal Student Aid offers assistance on preparing for college, what types of aid students are eligible for, how to qualify for aid, how to apply for aid, and how to manage loans.

 

ADDITIONAL RESOURCES

  • The Office of Civil Rights (OCR) enforces five federal civil rights laws that prohibit discrimination on the basis of race, color, national origin, sex, disability and age in programs or activities that receive federal financial assistance from the Department of Education (ED). To file a report, visit: http://www2.ed.gov/about/offices/list/ocr/docs/howto.html?src=rt
  • Create a safety plan. If you are concerned for your ongoing safety, it can be worthwhile to create a safety plan. Safety planning is about finding ways to be safe in the present while planning for your future safety as well. To speak with someone who is trained to help, call the National Sexual Assault Hotline at 800.656.HOPE (4673) or chat online at online.rainn.org.


Investigation of Complaints

The College prohibits retaliation against individuals reporting Sexual Violence, and complaints of retaliation may be addressed by the Title IX Coordinator.  "An institution, or an officer, employee, or agent of an institution, may not retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision in this section".  (Clery)

In accordance with Board Procedure II-001.5 (Illegal Discrimination and Harassment Complaints-Including Sexual Harassment-for Employees) and Board Procedure VII-012 (Non-Discrimination for Students) which has been adapted for the Student Handbook under Non-Discrimination and Complaint Procedure (Including Sexual Harassment), the College will process all complaints, regardless of where the conduct occurred, to determine whether the conduct occurred in the context of its education program or had continuing effects on campus or in an off-campus program or activity.

Prior to proceeding with the procedures described in the College’s Non-Discrimination and Complaint Procedure, the College will notify the victim. If the victim does not wish to proceed with this process or does not consent to the disclosure of his/her name to the accused, the College’s ability to respond to the alleged assault may be limited. While the College will generally try to honor a victim’s wishes with regard to pursuing a complaint, there may be circumstances where the College determines that ensuring the safety of the campus community requires that some investigation or adjudication process be pursued. If the College makes such a determination, the Title IX Coordinator or her designee will notify the victim and will work to minimize the impact of the College’s investigation and adjudication process on the victim.

Both the victim and respondent will have equal rights/access during any investigation or adjudication process.

College disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are detailed in the Student Handbook. The Handbook provides, in part, that the accused and the victim will each be allowed to have an adviser of their choice appear with their and to consult with such advisor during the hearing. Both the victim and accused will be informed of the outcome of the hearing. Student victims have the option to change their academic, on-campus living, and working situations to avoid a hostile environment. Individuals reporting Sexual Violence many notify the JCCPD, but are not required to do so. The existence of a criminal investigation or proceeding will not delay the College’s own investigation or disciplinary proceedings. Jefferson College will, upon written request, disclose to the alleged victim of a violent crime or a non-forcible sex offense.  The report on the results of any disciplinary proceeding conducted by the College against the student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of the crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

Additionally, Jefferson College will provide both the accused and the accuser with simultaneous written notification on results of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault or stalking. In these cases, it is not necessary for a victim to make a written request. Faculty and staff disciplinary referrals are addressed in the Faculty & Staff Handbook and are managed in a similar fashion.



EDUCATIONAL PROGRAMS AND CAMPAIGNSAnchor

Education Programs
Educational programs are provided to promote the awareness of rape, acquaintance rape, and other forcible and nonforcible sex offenses.  Education is the first step against rape or any type of sex offense
Residential Life Mandated Orientation Programming
Within the first week of each semester, each student who moves into the College's residential facility, Viking Woods, must participate in an orientation program.  Information regarding sexual assault among college students is provided, including stressing the fact that most sexual assaults involve acquaintances, the increased concerns when alcohol and/or drugs are involved, information on what constitutes consent, and discussion of risk reduction and prevention.
Campus Police Escort Service
This service provides a safe escort for students.  Campus Police Officers are available 24 hours a day to provide walking escort service to and from any location on the Jefferson College Hillsboro campus.
Active Minds
This is a student organization working to change the conversation about mental health and bring awareness to college campuses. 
For details, visit 
www.activeminds.org or https://www.jeffco.edu/activeminds.

 What if Bears Killed One in Five People?  Watch the video to find out!

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Can two-minutes and a smart phone change the way you think about consent?
This video, originally created as part of Campus Clarity's award-winning online training program Think About It, teaches the concept of consent by considering a series of realistic scenarios in an approachable manner.

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To RECOGNIZE that non-consensual sex is sexual assault.
To IDENTIFY situations in which sexual assault may occur.
To INTERVENE in situations where consent has not or cannot be given.
To CREATE an environment in which sexual assault is unacceptable and survivors are supported

Take the pledge at ItsOnUs.org

It's On Us Brochure