Hutchinson Community College (HutchCC) strives to provide the highest quality service to all stakeholders; concerns may periodically occur that lead to a complaint about a college policy, procedure, or employee’s action.

If an individual believes they have been treated unfairly with regard to a college policy, procedure, or by an employee’s action, the college recommends that the individual first attempt to informally resolve the concern by direct communication with the college personnel involved. If a resolution is not reached, the individual may choose to file a formal complaint with the college. The process for filing a complaint is outlined in the Complaint Process.

HutchCC defines a complaint as a written notice of dissatisfaction with the application of a college policy or procedure, or with the actions of a college employee.

Process for Filing a Formal Complaint

Complaints will be considered if filed within thirty days of the conclusion of the semester in which the event occurred.

An individual who wishes to complain about a college policy, procedure, or employee’s action may complete a complaint form or may submit a letter or e-mail containing the pertinent information:

1. Name of the complainant
2. Contact information including the complainant’s address, phone number, and e-mail address
3. The date of the event leading to the complaint
4. The location of the event leading to the complaint
5. The title of the policy or process, or employee named in the complaint
6. A description of the complaint
7. A description of what steps the complainant has taken to resolve the complaint
8. The proposed resolution for the complaint

Completed forms may be returned to complaint@hutchcc.edu, or to the office of the president or any vice president.  Once received, the complaint will be directed to the appropriate administrator for review and response.  In the event that an appeal procedure exists for an area of complaint, the complaint received will be forwarded as an appeal to the appropriate area, and the complainant will be informed of this action.  For example, if a complaint is received about a course grade, the complaint will be forwarded as an appeal under the Appeal Course Grades Policy.

Filing a Complaint with the Board of Trustees

If resolution is not reached, individuals may address their concerns with the Board of Trustees within 1 year of last date of attendance at Hutchinson Community College.

To file a complaint with the Board of Trustees, send a written complaint to:

Hutchinson Community College Board of Trustees
C/O Julie Blanton-Secretary of the Board
1300 N Plum
Hutchinson, KS 67501
blantonj@hutchcc.edu

The written complaint should include the following information:

1. Name, current physical mailing address, and phone number of complainant
2. Email address
3. Dates of individual’s enrollment
4. Details of individual’s complaint
5. Expected outcome

A representative of the Board will reply to the individual within 10 business days to acknowledge the complaint was received, and whether it requires any additional information.  The Board representative will identify a tentative plan for investigating and resolving the complaint, and will update the individual if it takes longer than originally planned.  The Board representative will send a written response to the individual, usually within 45 days of receipt of the complaint, explaining the investigation and the resolution.

Other Complaint Processes

If individuals have consumer protection and/or fraud complaints, they may be filed with the Kansas Attorney General’s Office:

Consumer Protection Hotline: 1-800-432-2310 (785) 296-3751
  Fax: (785) 291-3699

https://www.ag.ks.gov/file-a-complaint

Discrimination complaints may be filed with the Kansas Human Rights Commission:

http://www.khrc.net/complaint.html

Complaints regarding State Authorization Reciprocity Agreement (SARA) course delivered by SARA member community colleges may be filed by students enrolled in these courses with the Kansas Board of Regents office:

https://www.kansasregents.org/resources/PDF/Academic_Affairs/3257-ComplaintForm_SARAinstitutions.pdf

Kansas community colleges are accredited by the Higher Learning Commission (HLC).  Complaints regarding an institution’s ongoing ability to meet the Criteria of Accreditation may be filed by following the guidelines at:

https://www.hlcommission.org/for-students/file-a-complaint-against-an-institution/

Hutchinson Community College provides members of the campus community access to official campus crisis response and crime reporting procedures through the HutchCC Emergency Operation Plan (EOP). The EOP is available on the HutchCC public website, and the individual Emergency Action Plans (EAPs) are available on the DragonAlert App. The EAPs detail mitigation, preparedness, response, and recovery procedures for potential incidents such as fire, weather incidents, bomb threat, armed intruder, hazardous materials, etc.

The college uses the Rave DragonAlert system to send timely warnings in cases of emergencies or as required by federal law to cell phones, office phones, and computers. All employees and students are automatically opted in to this system. Students, faculty, and staff can choose to download the DragonAlert App which has the functionality to report emergencies, criminal action, and suspected criminal activity as well as a safety toolbox, support resources, friend walk, campus maps, and a social escape feature.

Crime reporting is collected and available on the HutchCC website under the Campus Safety & Compliance tab.

Questions regarding this policy or the HutchCC Emergency Operation Plan should be directed to the Executive Director of Campus Safety at 620-665-3322 or by email to safety@hutchcc.edu.

Hutchinson Community College (HutchCC) is committed to ensuring individuals with Limited English Proficiency (LEP) have meaningful access to the College’s programs, services, activities, and benefits.

While HutchCC is not an English as a Second Language (ESL) certified institution, and students are expected to be capable of completing academic coursework in English, the College will take reasonable steps to provide individuals with an equal opportunity to participate in and benefit from college offerings. Language assistance may be provided to support access to non-instructional services, programs, and essential communications. 

Upon request by an individual, or upon staff recommendation after consultation with the student, the HutchCC LEP Support Team will meet with the student to determine necessary assistance to ensure meaningful access.

Based on identified language needs, HutchCC will provide individualized language assistance utilizing available resources. Assistance may be provided through: 

• Competent bilingual staff 

• Contracts or formal arrangements with local organizations that provide interpretation or translation services 

• Telephonic, video, or technology-based interpretation services. 

All interpretation, translation, and auxiliary aids required to comply with this policy will be provided at no cost to the individuals being served. Students and their families will be informed of the availability of such assistance free of charge. 

The college will also ensure access to information contained in vital documents, including but not limited to: 

• Applications for Admission 

• FERPA-related forms 

• Federal and state financial aid forms 

• Other documents critical to participation in college programs and services 

All staff will be notified of this policy and related procedures. Employees who have direct contact with individuals with LEP will be provided training opportunities focused on effective communication techniques, including the appropriate use of interpreters and interpretation technologies. 

HutchCC will conduct regular reviews of the language access needs of its student population and will update, implement, and monitor this policy and associated procedures as necessary to ensure ongoing compliance and effectiveness. 

This policy applies to all HutchCC programs, services, activities, and communications, including but not limited to admissions, instruction, advising, financial aid, student services, and College-sponsored activities. 

Individuals seeking language assistance or additional information regarding this policy may contact Admissions at 620-665-3535 or admissions@hutchcc.edu. 

Welcome to Hutchinson Community College, an institution with a reputation for excellence spanning over 95 years. Evolving from a traditional "junior college" to a full service community college, HutchCC serves nearly 5,000 credit students every semester with a like number of individuals involved in community service and non-credit activities.  

We're glad you're here and hope you feel our Customer Service philosophy at work.  You can expect all of our faculty and staff to bring their A game, be responsive, and help you feel at home.  Our goal is your success!

Dr. Tricia Paramore
President, Hutchinson Community College

Student Handbook

2026-27

Policy Statement:

The U.S. Code of Federal Regulations, specifically 34 CFR 668.43(a)(5)(v) and 34 CFR 668.43(c) require disclosures by institutions regarding educational requirements for programs leading to professional licensure or certification regardless of modality. 34 CFR 668.43(a)(5)(v) requires an institution to make readily available to enrolled and prospective students information about whether programs leading to professional licensure or certification meet educational requirements.

If an educational program offered by Hutchinson Community College (HutchCC) is designed to meet educational requirements for a specific professional license or certification that is required for employment in an occupation, or is advertised as meeting such requirements, information regarding whether completing that program would be sufficient to meet licensure requirements in a state/U.S. territory for that occupation is required, including:

• A list of all states/U.S. territories for which the institution has determined that its curriculum meets the state/U.S. territory educational requirements for licensure or certification.
• A list of all states/U.S. territories for which the institution has determined that its curriculum does not meet the state/U.S. territory educational requirements for licensure or certification; and
• A list of all states/U.S. territories for which the institution has not made a determination that its curriculum meets the state/U.S. territory educational requirements for licensure or certification.

A direct disclosure is required by 34 CFR 668.43(c) by the institution to the student in writing if the program leading to professional licensure or certification falls in one of the latter two categories above (the curriculum does not meet educational requirements, or the institution has not made a determination) for the state/U.S. territory in which a student is located. In those two situations, the institution must inform the student directly of that status. This direct notification (typically by email or letter) must occur before the student’s enrollment in the program.

Alternatively, for a student enrolled in the program, if the institution makes a later determination that the program does not meet educational requirements for licensure or certification in the state/U.S. territory where the student is located, the institution must provide notice directly to the student within 14 calendar days of making that determination. The direct disclosures must be in writing. It is anticipated that this provision would happen most often when a program loses its approval in a state/U.S. territory.

Student location:

For the purpose of this policy, institutions must determine student location (i.e., state/U.S. territory) in order to disclose location-specific professional licensure information:

• At the time of the student’s initial enrollment in an educational program, and
• Upon formal notification by the student of a change in the student’s location

All other College policies that determine residency for the purpose of tuition assessment are not superseded by this policy.

Prospective student location – For the purpose of this policy, a prospective student’s location is the state/U.S. territory of the prospective student’s residency at the time the student has applied for admission, intends to enroll, and is then entered into the student record system. For students whose permanent address does not include a U.S. state or territory (e.g., students living outside the United States), their location will be considered the state of Kansas.

Enrolled student location – The student location for enrolled students is the state/U.S. territory where the enrolled student resides and is based on the permanent address entered into the student record system. For students whose permanent address does not include a U.S. state or territory (e.g., students living outside the United States), their location will be considered the state of Kansas.

Change of location – Student location designations will remain in effect unless and until a student officially notifies the College that their permanent address has changed. Once a student notifies the College, the date of entry will be used as the effective date of a student’s revised location for the purposes of this policy. If a student does not notify the College of a change of address and mail sent to their permanent address was returned as undeliverable, their location will be considered the state of Kansas.

Reason for Policy:

This policy is required to assure compliance with the U.S. Code of Federal Regulations, 34 CFR § 668.43 as amended, particularly paragraph (c), Institutional Information – Individual Disclosures for all programs leading to professional licensure or certification to prospective students if the institution makes a determination that the program does not meet state/U.S. territory educational requirements or the institution has not made a determination where the student is located before enrolling in the program (before a financial transaction occurs.)  The institution must provide an individual disclosure to enrolled students if the institution determines that the curriculum no longer meets educational requirements where the student is located; the disclosure must occur within 14 days of the institution making that determination.

Further, the federal regulations require that each institution has a policy that defines student location for purposes of complying with the disclosure requirements.

BOARD OF TRUSTEES

Expanding the tradition of excellence through learning and collaboration.

Hutchinson Community College will be the premier, two-year educational institution in Kansas, delivering accessible opportunities for learning, growth and improved quality of life.

• Teaching and Learning – HutchCC empowers students and other stakeholders to develop abilities, talents, and skills while assessing outcomes, celebrating achievements, and encouraging lifelong learning.
• Integrity – HutchCC contributes to the public good by treating people and organizations with civility and respect, and by demonstrating responsible institutional citizenship through engagement with state and local policymakers.
• Service and Collaboration – HutchCC provides a dynamic environment of active internal and external partnerships embracing the potential for innovation.
• Tradition and Responsiveness – HutchCC respects tradition while examining future-focused trends to predict how conditions will change, and then innovates to meet the mission-driven needs of our students and stakeholders.
• Leadership and Stewardship – HutchCC fosters the development of and provides opportunities for leadership within the institution and community while undertaking responsible management of resources.

Institution-Wide Outcomes 

Hutchinson Community College is committed to a tradition of excellence in education that prepares students for success in academics, careers, and life. To achieve this goal, HutchCC has established five Institution-Wide Outcomes (IWO) that are embedded into all academic courses. These outcomes are designed to equip graduates with the knowledge, skills, and abilities necessary to thrive in a rapidly changing world. 

The five Hutchinson Community College Institution-Wide Outcomes are as follows:  

1. Demonstrate the ability to think critically and make reasonable judgments by analyzing, combining, and evaluating information. 
2. Demonstrate the skills necessary to access and manipulate information through various methods. 
3. Demonstrate effective communication through reading, writing, listening, and speaking. 
4. Demonstrate effective interpersonal and collaborative skills. 
5. Demonstrate effective quantitative-reasoning and computational skills. 

 Hutchinson Community College is committed to continuous improvement in student learning. The College will regularly evaluate the effectiveness of the IWO and make necessary adjustments to ensure that graduates are well-prepared for success. 

Hutchinson Community College is accredited by the Higher Learning Commission (hlcommission.org), an institutional accreditation agency recognized by the U.S. Department of Education. 

For More Visit:The Higher Learning Commission

Program Accreditation

Allied Health Department

Health Information Management (AAS)
Commission on the Accreditation for Health Informatics and Information Management Education
200 E. Randolph Street, Suite 5100
Chicago, IL 60601
Action Letter
Next Review: Reviewed Annually

Nursing - Associate Degree (ADN)
The Associate Degree nursing program at Hutchinson Community College, located in Hutchinson, KS is accredited by the: Accreditation Commission for Education in Nursing (ACEN).

3390 Peachtree Road NE, Suite 1400 Atlanta, GA 30326

The most recent accreditation decision made by the ACEN Board of Commissioners for the Associate Degree nursing program is Continuing Accreditation.  

View the public information disclosed by the ACEN regarding this program on the ACEN website.  
Website: http://www.acenursing.org/
 

Initial Accreditation:                                      May 1985
Date of most recent Commission Action:     August 2025
Date of Last Visit:                                         February 4-6, 2025
Action Letter
Next Site Visit:                                                  Spring 2033

Kansas State Board of Nursing
900 SW Jackson St., Room 1051
Topeka, KS  66612
785-296-4929

Nursing - Practical Nursing (LPN)
The practical nursing program at Hutchinson Community College at the McPherson, KS campus is approved by:

Kansas State Board of Nursing
900 SW Jackson St., Room 1051
Topeka, KS  66612
785-296-4929

The most recent approval decision made by the KSBN for the practical nursing program is continuing approval. 

Initial Accreditation:                                      May 1996
Date of most recent Board Action:               March 2025
Date of Last Visit:                                         February 4-6, 2025
Next Site Visit:                                              Spring 2030

Physical Therapist Assistant
Commission on Accreditation in Physical Therapy Education
3030 Potomac Ave., Suite 100
Alexandria, VA 22305-3085
703-706-3245
Action Letter
Next Review: Spring 2026

Radiologic Technology
The radiography program is accredited by the
Joint Review Committee on Education in Radiologic Technology
20 North Wacker Drive, Suite 2850
Chicago, IL 60606-3182
312-704-5300
Email: mail@jrcert.org

The program's current accreditation award is 8 years. General program accreditation information and the current accreditation award letter can be found here:  https://www.jrcert.org/programs/hutchinson-community-college/

Hutchinson Community College is accredited by the Higher Learning Commission (hlcommission.org), an institutional accreditation agency recognized by the U.S. Department of Education.

Respiratory Care
Commission on Accreditation for Respiratory Care
264 Precision Blvd
Telford, TN  37690
817-283-2835

Action Letter
Next Review: 2033

Surgical Technologist
The Surgical Technology program is accredited by the Commission on Accreditation of Allied Health Education Programs (www.caahep.org) upon the recommendation of Accreditation Review Council on Education in Surgical Technology and Surgical Assisting (ARC/STSA).  
Commission on the Accreditation of Allied Health Education Programs
9355 - 113th St. N, #7709
Seminole, FL  33775
727-210-2350
Action Letter
Next Review:  2035

Accreditation Review Council on Education for Surgical Technology and Surgical Assisting
19751 East Mainstreet, Suite #339
Parker, CO  80138
303-694-9262

Public Safety Department

Emergency Medical Services - Paramedic
Commission on the Accreditation of Allied Health Education Programs
25400 US Highway 19 N., Suite 158
Clearwater, FL 33763
727-210-2350
Action Letter 
Next Review: 2029

Kansas Board of Emergency Medical Services
Landon State Office Building
900 SW Jackson Street, Suite 1031
Topeka, Kansas 66612-1228

Hutchinson Community College, a fully accredited, public comprehensive college, offers five degrees in Associate of Arts, Associate of Science, Associate of General Studies, Associate of Fine Arts, and Associate of Applied Science. HutchCC has an open admissions policy and is governed locally by an elected Board of Trustees.

In spring 1928, Hutchinson voters approved the establishment of a two-year co-educational college called the Hutchinson Junior College. The College held its first classes that fall. Enrollment was 187 students – 177 freshmen, 10 sophomores. Classes were held on the second and third floors of a newly constructed addition to Hutchinson High School at Seventh and Walnut. In February 1938, the Board of Education acquired land on Plum Street and built Lockman Hall.

On July 1, 1965, the College name was changed to Hutchinson Community Junior College and governance was transferred to an elected Board of Trustees. The name was changed again in 1980 to Hutchinson Community College. On July 1, 1993, HutchCC merged with the local vocational school and was renamed Hutchinson Community College and Area Vocational School.  The “and Area Vocational School” was removed from the name in 2012.

Additions to HutchCC include an athletic field, stadium, tennis courts, maintenance and warehouse buildings, a student union with two additions, two residence halls, a library, science building, fine arts building, and an athletic complex. The John F. Kennedy Library was completed in 1966 and the Kopke Science Hall was completed in fall 1967.  Elland and Kent Halls, residence halls for men and women, were also opened in 1967.

In April 1970, the College acquired 425 acres of land and buildings from the Hutchinson Air National Guard. They are used primarily for agricultural, commercial driver’s license, and public health and safety courses. This location is called South Campus.

A wing was added to Lockman Hall in 1975. The College acquired Davis Hall (Ninth and Walnut) from Hutchinson Hospital Corporation in 1980. It is used for allied health curricula, Radio Kansas (HutchCC's public radio station) and The Volunteer Center.

Stringer Fine Arts Center was opened January 1989.  A major addition to the Parker Student Union was completed in 1996.  In 1999 the College built Shears Technology Center to house vocational programs and technical labs. On April 27, 2003, after major renovation, the library was renamed the Rimmer Learning Resource Center, after John Rimmer, chairman of HUBCO and major contributor to the College.

In fall 2006, a renovated Gowans Stadium reopened for use. The stadium hosts a variety of high school, college, regional and national events.  In 2008, the Reno County Industrial Center was renovated and expanded. The new facility was reopened in fall and as the Ade-Wifco RCIC to recognize the contributions of Fred Ade and the Wifco Corporation.

The science hall was revamped into a modern scientific facility and was renamed the Richard E. Smith Science Center to recognize the major contributions of local entrepreneur and alumnus Richard Smith in 2010.

In September 2013 the College dedicated the Bob and Lou Peel Allied Health Center at Ninth and Main to house five Allied Health programs — Physical Therapy Assistant, Respiratory Therapy, Health Information Management and Surgical Technology.

On April 26, 2015, the new Fire Science Training Center was dedicated.  This project was completed in conjunction with the City of Hutchinson Fire Department.

Thanks to the support of the City of Hutchinson and the voters of Hutchinson, the Hutchinson Sports Arena underwent a $29 million renovation project that was completed in the spring of 2017.  The project included the addition of three new practice gyms, a new weight training and sports medicine facility and renovated locker rooms and offices for the athletic department.

The Jack Mull family Football Complex, renovated in the spring of 2015, houses the coaches’ offices, meeting space, locker rooms, and the Bob and Lou Peel Weight Training Center. An additional renovation in 2020 updated the locker room and coaches’ offices.

Later in 2020 the College began an expansion and remodeling of the cafeteria in the Parker Student Union.

In 2024 the second floor of the Peel Center was renovated to allow for expansion of the nursing program. Also that year the center of main campus received a beautification with the addition of pickleball courts, an outdoor stage and green space named Central Park.

Also, in 2024 an addition was added to the Cosmetology facility to allow for HutchCC to offer the first public barbering school in the state with classes beginning in the spring semester of 2025.

The College has multiple off-campus locations: McPherson, Newton, Fire Science, Allied Health (Davis Hall and Peel Center) and Cosmetology/Barbering. The Newton location is housed in the Axtell Educational Center at 203 East Broadway Street in Newton, Kansas and opened in 2008.  The McPherson location, at 2208 Plaza East Place in McPherson, Kansas, opened in 2010. HutchCC Cosmetology, located at 200 E. 3rd Avenue in Hutchinson, Kansas, opened in 2016.   South Campus.

PURPOSE

The purpose of the Student Handbook is to provide information about the policies and procedures that concern students of HutchCC.  Policies concerning class participation (attendance), scholastic probation, continuance in the College, and other related matters are found in the official College catalog.

Any student who registers at HutchCC automatically accepts the obligation to comply with the regulations and standards of conduct set forth by the College.  Therefore, it is to your advantage to familiarize yourself with policies and regulations which are listed in the Student Handbook, as well as those listed in the College catalog.

Programs and statements included in this publication are subject to continuous review and evaluation.  Hutchinson Community College reserves the right to make changes at any time without further notice to students.  The official copy of the HutchCC Student Handbook can be located on the HutchCC website at www.hutchcc.edu.  The online version of the Student Handbook is the official handbook and is updated annually and as deemed appropriate by the President of the college when college policies or procedures change during the academic year.

STATEMENT OF COMPLIANCE

Hutchinson Community College (“the College”) affirms its commitment to promote the goals of fairness and equity in all aspects of the educational enterprise.  All policies are subject to resolution using the College’s Equity Grievance process, as detailed below.  The Equity Grievance Process is applicable regardless of the status of the parties involved, who may be members or non-members of the campus community, students, student organizations, faculty, administrators, and/or staff.  The College reserves the right to act on incidents occurring on-campus or off-campus when the off-campus conduct could have an on-campus impact or impact on the educational mission of the College.

The Coordinator of Equity & Compliance serves as the Title IX/Equity/Affirmative Action Coordinator and ADA/504 Coordinator and oversees implementation of the College’s Affirmative Action and Equal Opportunity Plan, disability compliance, and the College’s policy on equal opportunity, harassment, and nondiscrimination. Reports of discrimination, harassment, and/or retaliation should be made to the Coordinator of Equity & Compliance (or deputy/deputies) promptly, but there is no time limitation on the filing of grievances as long as the accused individual remains subject to the College’s jurisdiction. All reports are acted upon promptly while every effort is made by the College to preserve the privacy of reports. Anonymous reports may also be filed online, if such mechanisms are available, by using the designated reporting form. Reporting is addressed more specifically in Section VIII below. Reports of discrimination by the Coordinator of Equity & Compliance should be reported to the College President.

This policy applies to behaviors that take place on the campus, at college-sponsored events, and may also apply off-campus and to actions online when the Coordinator of Equity & Compliance determines that the off-campus conduct affects a substantial College interest. A substantial College interest is defined to include the following:

• Any action that constitutes criminal offense as defined by federal or Kansas state law.  This includes, but is not limited to, single or repeat violations of any local, state, or federal law committed in the municipality where the College is located;
• Any situation where it appears that the accused individual may present a danger or threat to the health or safety of self or others;
• Any situation that significantly impinges upon the rights, property, or achievements of self or others or significantly breaches the peace and/or causes social disorder; and/or
• Any situation that is detrimental to the educational interests of the College.
• Any online postings or other electronic communication by students, including cyber-bullying, cyber-stalking, cyber-harassment, etc. occurring completely outside of the College’s control (e.g., not on College networks, websites, or between College email accounts) will only be subject to this policy when those online behaviors can be shown to cause a substantial on-campus disruption.  Otherwise, such communications are considered speech protected by the 1st Amendment.

Off-campus discriminatory or harassing speech by employees may be regulated by the College only when such speech is made in an employee’s official or work-related capacity.  Inquiries about this policy and procedure may be sent internally to:

Equity and Compliance

Academic Advisor:

This person will help you set academic goals, select the correct courses, review the degree requirements in your chosen field, and aid you with academic problems you may encounter.

Academic Dismissal:

You will find yourself on academic dismissal if you are unsuccessful at HutchCC or another institution. Please refer to the HutchCC catalog for more information on dismissal and the reinstatement policy.

Academic Probation:

You will find yourself on academic probation if you are unsuccessful at HutchCC. Please refer to the HutchCC catalog for more on the circumstances under which you might be on academic probation as well as how to be removed from academic probation.

Accessibility Services:

The Accessibility Services Office provides and coordinates services to students with disabilities, promotes equal educational opportunities, and provides equal access to all institutional programs and services. Students requesting accommodations must provide current documentation regarding the nature of his or her disability and the need for accommodation. Please visit the Accessibility Services webpage for more information.

Accredited:

This is a type of assurance process by which the quality of an academic program or institution has been approved by an external rating agency. If standards are met, accredited status is granted by the agency.

Admissions Office:

This office provides information about HutchCC for incoming students, including the application for admission, scheduling campus tours, the Step Ahead program, and majors and programs available at HutchCC. Please visit the Admissions homepage for more, including a virtual tour of HutchCC, the steps of the admissions process, and staff information.

Adult Basic Education:

This program is open to adults sixteen and older who have an interest in improving their abilities in reading, math, writing, and basic computer skills. Please visit the Adult Basic Education homepage for information about schedules, fees, and how to get started.

Advanced Placement (AP):

During high school, if you took an Advanced Placement (AP) course and earned a qualifying score, you may be able to receive college credit.

Allied Health:

Allied Health programs prepare students to become productive and contributing members of the healthcare field. 

Alumni:

As a graduate or former student at an institution, you are considered alumni. To find out more about the HutchCC Alumni program, visit their webpage.

Articulation Agreement:

An articulation agreement is an officially approved agreement that matches coursework between schools. These are designed to help students make a smooth transition when transferring to and out of HutchCC.

Associates Degree:

Hutchinson Community College offers five degrees, depending on your area of interest:  Associate of Applied Science, Associate of Arts, Associate of General Studies, Associate of Fine Arts, and Associate of Science. Please view the catalog for more information.

Audit:

To audit a class, you attend and participate, but do not earn college credit. Visit the Business Office webpage for more information on auditing a class.

Bachelors Degree:

After graduating from HutchCC, you can transfer to a four-year college and earn this degree, which usually requires at least 124 credit hours in specific coursework.

Book Buyback:

Book Buyback is a service that HutchCC provides to our students at the end of each semester. Book Buyback allows the students to get back some of the money they paid to our Campus Store for their textbooks while at the same time providing used textbooks for others. The Book Buyback is held on the Hutchinson, McPherson, and Newton campuses.

Business Office:

The Business Office is responsible for the financial transactions of the institution, including payment options for students. Please visit the Business Office homepage for more information about costs.

Campus Store:

The Campus Store allows you to purchase books, official HutchCC merchandise, or other supplies. Refer to the Campus Store homepage for additional information regarding hours, locations, book buyback, and special shipping requests.

Catalog:

The HutchCC catalog provides resources regarding academic and institutional policies, cost information, course descriptions, graduation requirements, and majors and fields of study available for students of Hutchinson Community College.

Certificate:

Hutchinson Community College offers many valuable certificate programs, which require the completion of specific coursework in an organized program of study in a technical area to get you into the workforce quickly.

CLEP:

The College Level Examination Program (CLEP) is a way to obtain college credit by taking proficiency tests in selected courses. Visit the Testing Center's webpage to learn more.

College:

Within a university, the majors of study are often divided into subheadings or colleges. For example, a Psychology major may be categorized under the College of Arts and Sciences or a Physical Therapy major may be categorized under the College of Health Professionals.

Commencement:

HutchCC commencement, also known as graduation, is held once a year in May on the Hutchinson campus for students who have earned certificates or degrees. More information is available on the website.

Concurrent Enrollment:

It is the policy of the Kansas Board of Regents (KBOR) to encourage high school students to take advantage of postsecondary education opportunities by enrolling in postsecondary courses while still in high school or participating in homeschooling. For more information, visit the Admissions homepage to access a checklist for high school students interested in concurrent enrollment.

Confirming Intent:

If you are ready to accept the class schedule that you have selected for the upcoming semester and the financial obligation that accompanies that class schedule, you will need to log into your DragonZone account, enter your username and password, and complete the step-by-step instructions to confirm your intent.

Corequisite:

A corequisite is a class that must be taken along with another class to receive credit. For instance, at HutchCC, if you are taking English Comp 1B, you must also take Elements of Writing at the same time to receive credit.

Course Number:

Courses offered at HutchCC are identified by departmental abbreviation and a number. For instance, BI101 represents General Biology.

Credit Hour:

For most full-semester classes, the number of credit hours corresponds with how many hours you will spend each week in the class. For instance, if you are taking General Psychology and it is a 3-credit course, this is how many hours you would spend in class and how many credits you are awarded at the end of the semester, upon successful completion. For online and classes meeting in a shorter time frame, the credit hours represent how many credits you are awarded at the end of the semester.

Degree:

This is an award bestowed upon a student to show completion of a course of study. At HutchCC, you may earn an Associate of General Studies, Associate of Arts, Associate of Science, Associate of Fine Arts, or Associate of Applied Science degree.

Degree Audit:

The degree audit is a computer-generated analysis, available through DragonZone that enables you to assess your academic progress, including unfulfilled degree or certificate requirements. Please review your degree audit often and use this tool to plan your class schedule each semester.

DragonZone:

For online access to your student account, including your class schedule, degree audit, financial aid account information, books required for the semester, and transcripts, log in to your DragonZone.

Drop:

The refund date on your schedule is the last date you can drop a class and receive a full refund for tuition and fees. You must drop your class through DragonZone.

Enrollment:

This is the process of setting your educational goals, deciding what major to pursue, and choosing classes to take.

Faculty/Instructors:

This is a collective name for teachers at a college or university.

FAFSA:

The Free Application for Federal Student Aid (FAFSA) is the form you need to complete to receive financial aid from the government. If you are interested in grants, work-study, or loans, this is your first step and must be submitted online at www.fafsa.gov.

Fees:

These additional charges, on top of tuition, are required for some programs and courses. Please visit the Cost and Fees page for more information on fees at HutchCC.

FERPA:

The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of your educational records, establish the right of students to inspect and review your educational records, and provide guidelines for the correction of inaccurate and misleading data.

Financial Aid Office:

If you are interested in applying for money to help pay for your education, the Financial Aid Office can assist with information regarding FAFSA, grants, loans, scholarships, work-study, and other opportunities.  Please visit the Financial Aid homepage to find your Financial Aid advisor, aid forms, and more on eligibility.

Freshman:

At HutchCC, this is your classification if you have completed less than 24 credit hours.

Full Time:

A student taking at least 12 credit hours during the fall or spring, or taking at least 6 hours during summer is considered a full-time student at HutchCC.

General Educational Development Test (GED):

The Tests of General Educational Development (GED) are designed to measure the skills and knowledge equivalent to a high school course of study. Hutchinson Community College is a State Testing Center for the GED Test.

Grade Point Average:

Your grade point average (GPA) is a calculation to numerically represent the quality of your performance in classes. It is calculated by dividing the total amount of grade points earned by the total amount of credit hours attempted. Your grade point average may range from 0.0 to 4.0.

Grants:

Grants are a type of financial aid that does not need to be repaid. While the most common is the Pell Grant, there are also other grants available.

Guardian Account:

HutchCC offers DragonZone accounts to guardians of students. Each student controls guardian access to their information, which they can change anytime. You may request a guardian account from the DragonZone homepage.

Holds:

If you notice a hold on your account in DragonZone, this is an indication that you must contact HutchCC to resolve an issue. Please contact the office that corresponds with your hold. For instance, if you have a Business Office hold, you will need to contact the Business Office.

Humanities:

Courses concerned with human culture, especially literature, history, art, music, foreign language, theatre, and philosophy are considered to be humanities courses. To earn an Associate of Arts, Associate of General Studies, Associate of Fine Arts, or Associate of Science degree, you must complete the requirements for each specific category, including Humanities. Please visit the HutchCC catalog online for more on specific Humanities options.

Human Resources:

The Human Resources office is responsible for hiring new HutchCC employees and providing benefit and health insurance information, professional training, and resources for student employees.  HutchCC Human Resources has a list of current job openings on the HutchCC website. 

Incomplete:

The grade of incomplete is a contract agreed upon between you and your instructor. An incomplete will only be granted under special circumstances. Please see your instructor, before the end of the semester, for more information.

International Student: 

Students from all around the globe attend Hutchinson Community College. Visit the HutchCC webpage for International Students for information on applications, pre-arrival information, and a new student checklist.

ITV:

HutchCC offers distance learning classes via interactive television (ITV). Therefore, students at a remote site may join a HutchCC class that is broadcasted from a campus in Hutchinson, Newton, or McPherson. The instructor can see, hear, and interact with the students at any of the remote locations and students can see, hear, and interact with the instructor during each class meeting.

LearningZone:

This is your portal for online or web-supported face-to-face classes accessed through DragonZone.

Loan:

A loan is a type of financial aid that must be repaid. Please visit the Financial Aid homepage for more information on the types of loans and their requirements.

Major:

HutchCC offers many majors, or specific courses of study, that lead to a transfer or technical degree or a certificate.

Noncredit Class:

Noncredit courses are available at HutchCC to find a new skill, explore a new business idea, or just for the fun of learning something new because you can. These are classes that do not meet the requirements for a certificate or a degree at HutchCC. Noncredit courses are not eligible for financial aid. 

Online Class:

Online classes at HutchCC use the same syllabus and course outcomes as used in face-to-face classes. They are not easier but allow you to take classes if face-to-face classes do not work with your schedule. You can locate your online class through your DragonZone account.

Online Learning:

The Online Learning department provides support to the faculty and staff at HutchCC in the areas of instructional design, the use of technology in education, and in the delivery of courses and training both locally and at a distance. Online Learning is also the channel for delivering assistance classes at HutchCC.

Outreach:

In addition to the main campus in Hutchinson, HutchCC has campuses in McPherson and Newton where you can take placement tests, take classes, make payments, buy textbooks, and speak with advisors.

Part-time Student:

A student taking less than 12 credit hours during the fall or spring or taking less than 6 hours during the summer is considered a part-time student at HutchCC.

Pell Grant:

This grant does not need to be repaid and the amount is based on several factors, including your financial need, costs of attendance, and status as a full-time or part-time student. To be eligible for a Pell Grant, you must complete your FAFSA and submit any additional documentation required by the Financial Aid office.

Placement Testing:

HutchCC uses ACT and ACCUPLACER placement tests to place students in the appropriate level of coursework. For example, if your placement scores indicate placement in Intermediate Algebra you will not be allowed to enroll in an upper-level math class (College Algebra, Calculus, Statistics, etc.) until Intermediate Algebra is passed with a C or better. For more information, view the Testing Center webpage.

Prerequisite:

A prerequisite class is a course taken in preparation for another class. For example, passing Accounting I with a C or better is a prerequisite for Accounting II.

President's Honor Roll:

At the end of the semester, students with a GPA of 4.0 are awarded this special distinction, which is also noted on your transcript.

Private University:

This is a non-state-assisted college or university that relies on private funding, tuition, and fees.

Proctored Exam:

If you are taking an online class, you may be required to take your tests at a location with someone to supervise your testing. You may take your proctored exams at the Hutchinson campus, an Outreach campus, or another approved location.

Public University:

A public university is primarily financed by state funds.

Records Office:

The Records Office is responsible for creating and maintaining accurate student academic records, including transcript processing, graduation paperwork, residency classification, enrollment, GPA, and degree verifications. Visit the Records Office webpage for more on transcript requests, enrollment verifications, and policies relating to grades.

Refund Date:

The refund date on your schedule is the last day you can drop a class and receive a refund for the class. If you need to drop a class, you must do this yourself in DragonZone.

Residence Halls:

The HutchCC Residence Halls provide a home away from home for approximately 500 students in two co-ed dormitories, Elland Hall and Kent Hall, as well as in Kent Suites and Residence Apartments. Visit the Residence Hall webpage for information on applications, costs, and meal plans.

Retest Policy:

After completion of assessment testing, if you have been placed into an English or math class, there are some circumstances under which you can retest. Please refer to the website for more information. 

Scholarships:

HutchCC offers a variety of scholarships that are as diverse as our student body. Whether you are a full-time or part-time student, seeking vocational training, or looking to transfer to a university, HutchCC has a scholarship for which you may qualify. More information can be found on the Endowment webpage.

Self-enrollment:

Degree-seeking students at Hutchinson Community College have the option of managing their semester schedules in DragonZone. Degree-seeking students must first meet with their academic advisor to discuss degree requirements before being allowed to self-enroll. Non-degree-seeking students do not need to meet with an academic advisor before self-rolling but may seek advice from an academic advisor if needed.

Social/Behavioral Science:

Courses concerned with society and the relationships among individuals within a society, especially psychology, sociology, economics, geography, and government. To earn an Associate of Arts, Associate of General Studies, Associate of Fine Arts, or Associate of Science degree, you must complete the requirements for each specific category, including Social/Behavioral Sciences. Please visit the online catalog for more information.

Sophomore:

At HutchCC, you are classified as a sophomore if you have successfully completed 24 or more credits.

South Campus:

Located 13 miles south of the main campus in Hutchinson is the site for instruction in agriculture, agri-diesel mechanics, farm and ranch management, emergency medical sciences and paramedic and some adult education in five buildings: Pioneer, Wagner Hall, Cameron Hall, Ag Diesel facility, and the greenhouse.

Step Ahead Program:

If you take some classes from HutchCC while you are attending a Kansas high school, after you graduate and enroll full-time at HutchCC, you can be reimbursed during your first semester for the tuition and fees paid. Visit the Admissions homepage for more info.

Student Success Center:

Formerly known as Guidance and Counseling, this office assists with advising, personal and career counseling, and accessibility services. Please visit the Student Success Center homepage for more on tutoring, career exploration, and staff.

Syllabus:

The syllabus is an outline of the important information regarding your course. Written by your instructor, it usually includes important information such as due dates, assignments, expectations, and policies specific to your course.

Transcript:

The transcript is your permanent academic record at an institution of higher learning. It may show courses taken, grades received, academic status, and honors received. If you have holds on your account, your transcript will not be released. To order your transcript from HutchCC to be sent to another institution of higher learning, log in to your DragonZone account go to the Academics tab and click on Transcripts.

Tuition:

Tuition is the amount paid for each credit hour of enrollment. Tuition does not include the cost of course fees, textbooks, or room and board. The price may vary due to residency status. Please visit the Cost and Fees webpage for more info.

Undergraduate:

An undergraduate is a student pursuing a certificate, two- or four-year degree. Anyone attending HutchCC without a Bachelor's degree is considered an undergraduate.

University:

A university is an institution of higher learning offering a range of degrees from an Associate to a Doctorate, depending on the institution.

Vice President's Honor Roll:

At the end of the semester, students at HutchCC with a GPA between 3.5 and 3.99 are awarded this special distinction, which is also noted on your transcript.

Withdrawal Date:

This date, located on your schedule, is the last day that you can withdraw from a class.  You are still required to pay for the class. A "W" will appear on your transcript but does not affect your GPA but could affect your financial aid.

Workforce Development Center:

Located on HutchCC campuses in Hutchinson, McPherson, and Newton, Workforce Development advances the economic well-being of the region by matching employer needs with applicant skills through employment resources training and education, and economic development services for job seekers, workers, and employers.

Work-Study:

The Federal Work-Study Program (FWS) is intended to stimulate and promote part-time student employment, particularly for students from low-income families, who need extra funds to attend college. For more information, visit the Financial Aid webpage.

Student Definition

Definition of a Student:

A student is defined as a person who is currently enrolled or registered at HutchCC.

Policy Implications:

A person defined as a student under this policy is subject to:

• All student conduct policies and disciplinary procedures.
• Inclusion in institutional data reports and compliance requirements (e.g., FERPA, Title IX).

Students at Hutchinson Community College are expected to conduct themselves as self-respecting, educated men and women in accordance with the laws of the nation, state and community, as well as the academic community. Hutchinson Community College affirms the principle of intellectual freedom in scholarly activity, the right of each member of the community to be treated with respect and dignity and the right to learn. This affirmation imposes a duty not to infringe upon the rights of others. Within its sphere of responsibilities, the college will afford students proper procedural safeguards to resolve matters in dispute. Those students who willfully violate college standards must expect to face disciplinary action on the part of the institution.

Students at Hutchinson Community College have the following responsibilities:

1. Provide the necessary documents for admission to the college.
2. Observe all regulations of the college.
3. Consult their advisors on academic careers, curriculum planning and changes in their programs.
4. Attend all meetings of each class in which they are enrolled from the first class meeting and be aware of and comply with the instructor's attendance policy as outlined in the instructor sheet.
5. Prepare for each class meeting as instructed and be an active participant in the class.
6. Answer promptly all written notices from advisors, faculty, vice presidents and other college officials.
7. Upon completion of requirements, file an application for graduation with the Records Office.
8. Enroll in only those courses for which the stated prerequisite(s) -- if there are any -- have been satisfactorily met. Failure to comply with prerequisites may result in administrative withdrawal.
9. Be aware of and comply with the policy and procedures for college or course withdrawal.
10. Be aware of and comply with the academic honesty policy.
11. Use the appropriate channels in appealing any academic actions which the students believe are unfair.

I. Student Code of Conduct

When students enroll at Hutchinson Community College (HutchCC), they assume the obligation to conduct themselves in a manner compatible with the College's mission and function as an educational institution. The Student Code of Conduct has been approved by the governing board of HutchCC and will apply on College property, any College sponsored or sanctioned activities, and any off-campus behavior which reflects on the mission of the College. Each student is expected to be fully acquainted with all published policies, rules, and regulations of the College. Students are also expected to comply with all federal, state, and local laws.

For a student who is found to have committed an offense and who previously has been found in violation of the Hutchinson Community College Code of Conduct, the previous offense will be considered during the disciplinary process.

The standard of evidence used to determine responsibility is a "preponderance" of evidence (i.e. is it more likely than not a violation has occurred). This determination is based on the greater weight of the evidence and does not require a standard beyond a reasonable doubt.

Misconduct or prohibited behavior includes, but is not limited to:

1. Alcoholic Beverages

     a. Use, possession, sale, delivery, manufacture, or distribution of alcoholic beverages.

     b. Storage of alcohol in any amount or possession of alcohol containers.

2. Narcotics or Drugs

     a, Use, possession, sale, delivery, manufacture, and/or cultivation or distribution whether usable or not of any narcotic, drug, illicit drug, medicine prescribed to someone else, chemical compound, synthetic drug, or other controlled substances.

     b. Possession of drug-related paraphernalia.

     c. Possession of any item that may not in itself be an illegal drug but presented to be a drug and passed off as a drug.

     d.  Improper use of products for purposes of altering mood or state of being. This includes the misuse of legal products as inhalants.

3. Flammable Materials/Arson

     a. Use or possession of flammable materials, including incendiary devices, and/or other dangerous materials or substances used to ignite, spread, or intensify flames for fire. Attempting to ignite and/or the action of igniting College facilities, and/or personal property either by intent or through reckless behavior which results in damage to College and/or student property.

4. Firearms, Weapons and Explosives

     a. Violation of the Possession of Weapons policy (Policy Number 1134) and/or Concealed Carry policy (Policy Number 1552).

5. Theft, Damage, or Unauthorized Use

     a. Attempted or actual theft of property or services of the College, other College students, other members of the College community, or campus visitors.

     b. Possession of property known to be stolen or belonging to another person without the owner’s permission.

     c. Unauthorized use of facility, equipment, lab or resource, including unauthorized use of communication systems.

     d. Attempted or actual damage to property owned or leased by the College, by College students, members of the College community, or campus visitors.

     e.  Attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, test number, account information, and/or personal check.

     f. Misuse of, or attempted misuse of, or actual damage to, or defacing of property owned or leased by the College, by College students, members of the College community, or campus visitors.

     g. Tampering with security camera systems.

     h. Tampering with automated door systems

6. Violation of the Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedure (Policy Number 1089)

                    Statement Regarding Sexual Discrimination, Harassment, and Sexual Misconduct 

HutchCC neither tolerates nor condones any form of sexual discrimination - including, but not limited to rape, "date or acquaintance" rape, sexual assault, sexual misconduct, or sexual harassment. In accordance with federal and state regulations regarding sexual discrimination, the College has established an official policy and procedure which is both independent from the Student Code of Conduct and application to students, faculty, and staff, to investigate, and adjudicate such prohibited behavior. The Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (Policy Number 1089) is available in the College Catalog and in the Student Handbook.

7. Actions against Members of the College Community Not Included in the Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (Policy Number 1089)

     a. Intentional or reckless conduct which endangers the health or safety of self or others.

     b. Physical abuse, verbal abuse, threats, intimidation, harassment, stalking, and/or coercion.

     c. Behavior that disrupts the normal operation of the College, including its students, faculty and or staff.

     d. Deliberate constraint or incapacitation of another, without that person’s knowledge or consent.

     e. Excessive pressure, threats or any form of conduct, coercive tactics or unwanted mental coercion techniques used to retain or recruit a student for membership in an organization.

     f. Passive or covert behavior may also be regarded as quite disruptive. Examples of passive yet disruptive behaviors include students whose poor personal hygiene so seriously offends the sensibilities of roommates/classmates and instructors that the classroom becomes an academic/residential environment that is no longer tenable.

     g. Failure to register as a sex offender with the Title IX and Title VI Coordinator in accordance with college policy.

     h. Gambling, wagering, gaming, or bookmaking as defined by federal, state, and/or local laws is prohibited on College premises or while using College equipment or other services.

     i. Hazing (i.e. any intentional, knowing or reckless act directed against a student by one person acting alone or by more than one person, occurring on or off the premises, that endangers the mental and/or physical health or safety of a student for the purpose of pledging or associating with, being initiated into, affiliating with, holding office in, seeking and/or maintaining membership in any organization whose membership consists of students). Consent and/or acquiescence by a student(s) subjected to hazing is not considered a reasonable defense in a disciplinary proceeding.

8. Fire Safety, False Alarms, or Terroristic Threats

     a. Intentional sounding of a false fire alarm, falsely reporting an emergency or terroristic threat in any form, issuing a bomb threat, constructing mock explosive devices, destruction or activation of fire sprinklers, filing false police reports, improperly possessing, tampering with, or destroying fire equipment or emergency signs on College premises.

     b. Failure to evacuate the building immediately upon the sound of an alarm or to follow specific evacuation and safety procedures. Exceeding designated fire code capacity of a room/facility.

     c. Exceeding designated fire code capacity of a room/facility.

     d. Misusing or tampering with fire safety equipment (e.g. alarm pull stations, smoke detectors, or fire extinguishers), or removal of doors, door closures, exit signs, or emergency exits.

      e. Initiating, communicating, or circulating a false report of a present, past, or future bombing, fire, offense, or other emergency that would cause action by an agency services agency.

     f. Placing a person in fear of imminent, serious bodily injury.

     g. Preventing or interrupting the occupation of a building, room, vehicle, or other mode of transportation.

     h. Posting any statement on social media that could be considered a threat against the college community or an individual.

9. Financial Irresponsibility

     a. Failure to meet financial obligations owed to the College, or components owned or operated by the College, including, but not limited to, the writing of checks from accounts with insufficient funds.

10. Financial Transactions with the College

     a. A student who owes a debt or has an outstanding financial obligation to the College may be denied admission or readmission to the College, and have their official transcript, grades, diplomas, and degrees to which they otherwise would be entitled, withheld until the debt or obligation is paid or met.

     b. A student with a past due unpaid balance is considered to have a delinquent status. Delinquent accounts may be turned over to a collection agency, potentially affecting students’ personal credit ratings. Students with delinquent accounts are responsible for any charges associated with the collection of such delinquent accounts.

11. Unauthorized Entry, Possession, or Use

     a. Unauthorized entry into or use of College premises or equipment.

     b. Unauthorized possession, use, duplication, production, or manufacture of any key or unlocking device, College Identification Card, or access code for use in College premises or equipment.

     c. Unauthorized use of the College name, logos, registered marks, and/or symbols of the College.

     d. Unauthorized use of the College’s name to advertise or promote events or activities in a manner that suggests sponsorship and/or recognition by the College.

     e. Accessing campus roofs or window ledges.

     f. Removing or damaging window screens in the Residence Halls.

12. Violation of College Parking Services

     a. Violation of the Traffic Regulations policy (Policy Number 1200).

     b. Obstruction of the free flow of vehicular and/or pedestrian traffic on College premises or at College-sponsored or College-supervised functions.

13. Failure to Comply

     a. Failure to comply with the reasonable directives or requests of a College official acting in the performance of their duties.

     b. Failure to present student identification on request or identify oneself to any College official acting in the performance of their duties.

     c.  Failure to comply with the reasonable directives of an institutional official (e.g., resident assistants and security personnel) acting in the performance of their duties (includes loitering upon College property after being warned to leave by a person in charge).

     d. Violation of College regulations and policies, including residential life policies, housing contracts, or motor vehicle regulations.

      e. Obstruction of an investigation being conducted by the College administration/security/police and/or other law enforcement officers while conducting official business on Campus by a student/visitor.

14. Violation of the Anti-Tobacco/Smoking Policy (Policy Number 1063).

15. Providing False Information or Misuse of Records

     a. Knowingly furnishing false information to the College, or to a College official in the performance of their duties, either verbally or through forgery or alteration.

     b. Failure to provide requested information to the College or to a College official in the performance or their duties

     c. Misuse, alteration, forgery, or misrepresentation of any College Document, form, records, or instrument of identification.

     d. Possession or use of any form or false identification.

     e. Failure to report felonies on an application for admission or housing application, if requested.

16. Ball Playing, Skateboards, Rollerblades, Scooters, Bicycles, or Similar Devices

     a. Ball playing, the use of skateboards, rollerblades, hover boards, scooters, bicycles, or other similar devices in College buildings or on College premises in such a manner as to constitute a safety hazard or cause damage to College or personal property.

17. Violation of Federal, State, and/or Local Law

     a. Misconduct which constitutes a violation of any provisions of federal, state, and/or local laws.

18. Violation of Published College Policies, Rules, or Regulations

     a. Violation of any published College policies, rules, or regulations that govern student or student organization behavior.

     b. Violating a published College policy governing residence life or breaching a Housing and Residential Life contract.

19. Abuse of the Discipline System

     a. Failure of a student to comply with or respond to a notification to appear, during any stage of an investigation or disciplinary proceeding. Failure to appear will not prevent the designated disciplinary officer from proceeding with an investigation of disciplinary action.

     b. Falsification, distortion, or misrepresentation of information in disciplinary proceedings.

     c. Disruption or interference with the orderly conduct of a disciplinary proceeding.

     d. Filing an allegation known to be without merit or cause.

     e. Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.

     f. Influencing or attempting to influence the impartiality of a member of a disciplinary body prior to and/or during the disciplinary proceeding.

     g. Harm, threat of harm, or intimidation, either verbally, physically, or written, of a member of a disciplinary body prior to, during, and/or after disciplinary proceedings.

     h. Influencing or attempting to influence another person to commit an abuse of the discipline system.

     i. Aiding, abetting, conspiring, or being an accessory to any act prohibited by this code is to be considered the same as a violation.

     j. Retaliation against any person or group who files grievances or provides evidence, testimony, or allegations in accordance with the Student Code of Conduct.

     k. Failure to comply with the sanctions, conditions, and/or restrictions imposed under the Student Code of Conduct by a designated disciplinary officer or College official.

     l. Failure to maintain a current legal mailing address in the DragonZone or giving a false or fictitious address to an institutional representative.

20. Guests

     a, Students may be responsible for the behavior or guests, including any violations of the Student Code of Conduct (e.g., guests bring alcohol onto campus).

     b. Persons visiting who have been evicted and/or advised of criminal trespass from the residence halls/campus for any reason following eviction/trespassing.

21. Possession of a Pet on Campus

     a. Other than a service/emotional support animal, pets are not allowed in campus housing without prior approval from the Director of Residence Life.

     b. Other than service animals, pets are not allowed in campus buildings without prior approval from the Vice President of Student Services.

22. Entry without Permission

     a. Entering any private room, locked building, or common area without following security procedures or obtaining appropriate permission is prohibited.

23. Complicity

     a, Attempting, aiding, abetting, conspiring, hiring, or being an accessory to any act prohibited by the Student Code of Conduct shall be considered to the same extent as completed violations.

24. Disorderly Conduct/Breach of Peace

     a. Engaging in conduct on College premises or at College-sanctioned events, which a reasonable person would believe to be violent, abusive, indecent, obscene, profane, unreasonably loud, or disorderly, and which has a tendency to disturb the peace.

     b. Engaging in conduct on College premises or at College-sanctioned events which a reasonable person would believe to be maliciously disturbing, threatening, or insolent, and which has the tendency to cause a disturbance of the peace.

     c. Engaging in conduct that aids and abets another in a disturbance of the peace to the College or to a College-sanctioned event.

25. Ethical or Professional code violation

     a. Violation of licensure board rules and regulations, state and federal laws, and/or other applicable regulatory or privileges issues: as defined by the student’s program or professional association or licensure board, as may be applicable to the student(s), or applicable laws and regulations.

26. Photographing, Recording, or Spying

     a. Secretly viewing, with or without a device, another person without that person’s consent in any location where the person has a reasonable expectation of privacy, or in a manner that violates a reasonable expectation of privacy. This does not apply to lawful security or surveillance filming or recording that is authorized by law enforcement or the College.

27. Unmanned Aircraft Systems (UAS)

     a. The use of any unmanned aerial vehicle (i.e. drones) is prohibited on campus. Students seeking exemptions for the use of such devices in teaching or research may apply to the Vice President of Student Services.

II. Campus Disorder or Unrest

The following policies will be followed in case of campus disorders or student unrest or in the event any building or portion thereof is seized or occupied unlawfully.

The College President (or in the President's absence, the President's designee) will be notified immediately of any such activity. No other action shall be taken on behalf of the College until such notification has been made. Only the President (or in the President's absence, the President's designee) is authorized to call for assistance from law enforcement officials.

No conference will be held between any College official and the parties involved in such activities so long as any violence is taking place on the campus or while any building or portion thereof is being occupied by such parties, or while such parties bar other persons from such building, or portion thereof, thereby preventing the orderly conduct of school activities.

The College reserves the right to pursue civil, criminal, and college disciplinary remedies against any person involved in such activity.

III. Emergency Suspension (Danger to Self or Others)

The College President or the President's designee may immediately suspend a student in the event that it is reasonably determined that a student's continued presence on campus poses a significant danger to either the student or to others or if there is reasonable cause to believe that such an interim suspension is required to protect lives or property and to ensure the maintenance of order.

IV. Additional Campus Disciplinary Action

If a crime is committed on campus (including but not limited to murder, robbery, aggravated assault, burglary, or motor vehicle theft), the occurrence shall be reported to the proper authorities by calling 911 and should also be reported to Campus Safety (620-665-3379). Campus staff will consult with police agencies and any other applicable College official investigating the case, when appropriate, and will assist the victim as necessary in accordance with College policy and federal and state laws and regulations.

V. Disclosure of Disciplinary Information

1. Upon written request, the College will disclose to the alleged victim of a violent act or a sexual assault, the result of any disciplinary hearing conducted by the College. In the event that the alleged victim is deceased, the College will disclose the results of any hearing conducted to the student's next of kin upon written request.
2. In the event that a disciplinary investigation or action yields information upon which the College reasonably concludes that a crime may be committed or that an individual represents a danger to the individual or to others, the College may disclose information to appropriate parties without the student’s consent.

I. Initial Disciplinary Procedure

The Vice President of Student Services will designate disciplinary officers for purposes of dealing with issues of non-academic misconduct and for acting as hearing officers upon appeal. These officers include, but are not limited to, the director of Residence Life and Student Activities and the Executive Director of Student Affairs and Campus Safety.

For violations of the Student Code of Conduct (other than those that result in an immediate suspension as described in the Student Code of Conduct [Policy Number 1047]) that occur in a course or College program, the faculty member or department chairperson will inform the student of the alleged offense, and after an investigation and a conference with the student, will take one of the following actions:

1. Dismiss the allegation as unfounded.

2. Upon admission of guilt by the student, impose a level one sanction.

3. Upon admission of guilt by the student, recommend to a disciplinary officer the imposition of a level two sanction.

4. Determine guilt based upon reasonable evidence and impose a level one sanction.

5. Determine guilt based upon reasonable evidence and recommend to a disciplinary officer the imposition of a level two sanction.

Upon completion of the investigation, a written statement will be provided to the student and to the Executive Director of Student Affairs and Campus Safety detailing the allegation, the finding, and the sanction imposed or recommended. If a level two sanction is recommended, the author of the report will specify the following: (1) whether the behavior of the student is reasonably expected to cause continued disruption or interference with the school's operation and (2) whether the sanction should stand pending the outcome of any appeal.

For incidents that occur in areas other than those reasonably construed as academic, the College disciplinary officers or their designees will inform the student of the alleged offense, and after an investigation and a conference with the student, will take one of the following actions:

1. Dismiss the allegation unfounded.

2. Upon admission of guilt by the student, impose a level one sanction

3. Upon admission of guilt by the student, recommend to a disciplinary officer the imposition of a level two sanction; or as a disciplinary officer, impose a level two sanction.

4. Determine guilt based upon reasonable evidence and impose a level one sanction.

5. Determine guilt based upon reasonable evidence and recommend to a disciplinary officer the imposition of a level two sanction; or as a disciplinary officer, impose a level two sanction.

Upon completion of the investigation, a written statement will be provided to the student and to the Executive Director of Student Affairs and Campus Safety detailing the allegation, the finding and the sanction imposed or recommended. If a level two sanction is imposed or recommended, the author of the report will specify the following: (1) whether the behavior of the student is reasonably expected to cause continued disruption or interference with the school's operation and (2) whether the sanction should stand pending the outcome of any appeal.

The office of the Executive Director of Student Affairs and Campus Safety will maintain disciplinary files on each case. The office of the Director of Residence Life and Student Activities will maintain disciplinary files on each case that involves housing discipline.

Disciplinary Sanctions

Sanctions are divided into two categories as described below. When sanctions are imposed, it is the responsibility of the student to abide by sanctions applied and to follow established procedure in connection with any appeal from decisions imposing such sanctions.

If a sanction is imposed that has a time limit and the time remaining in the semester or school year is less than the sanction imposed, the sanction will carry forward to the next semester or college year that the student attends HutchCC.

Level One Sanctions

Imposed for less serious violations of the Student Code of Conduct, level one sanctions include those sanctions not ordinarily imposed for conduct described under level two sanctions. Level one sanctions include but are not limited to the following:

1. Warning - oral or written reprimand from the disciplinary officer to the student on whom it is imposed.

2. Dismissal from a class period by the instructor - if a student is disruptive in a classroom, lab, or other structured learning activity, they may be immediately dismissed for the remainder of the period without an investigation or conference.

3. Dismissal from a section of a class by the instructor and department chair.

4. Probationary periods in a class, activity, housing, food service area, recreation area, or other environments where a violation has taken place.

5. The imposition of College service work or community service work.

6. Restriction of privileges including, but not limited to access to services, visitation in housing, recreational services, food service area, parking, and entrance into College events.

7. Required professional consultation (e.g., counseling, medical, psychological, drug and alcohol, etc.) to address behavioral problems.

Level Two Sanctions

Level two sanctions are imposed for repeated or serious offenses that, in the judgment of the disciplinary officer, merit the imposition of level two sanctions. These sanctions are college-wide and include but are not limited to:

1. Educational sanctions - completion of a reflection or research paper, attending a class, attending a program, attending a lecture, or other actions.

2. Disciplinary probation - indicates that the student has engaged in unacceptable behavior and that further violation may result in more severe disciplinary action which may include suspension. Failure to meet the conditions will be considered an additional violation.

3. Administrative withdrawal from a class or classes.

4. Withholding of grades, official transcript, or degree - the disciplinary officer may withhold the issuance of an official transcript, degree, grade, or certificate of completion from a student alleged to have violated the Student Code of Conduct. The disciplinary officer may take such action pending an investigation, disciplinary hearing, appeals hearing, and/or exhaustion of appeal rights.

5. Suspension of rights and privileges - including but not limited to participation in intramural or extracurricular activities, election to student office, housing or visitation privileges, and other student activities. Suspension will be for a specified period and may impose limitations to fit the case, including removal from office or activities. Suspension may include prohibition from representing the College. This penalty does not supersede or negate the rights of responsibility of any director of such activities to take interim action as necessary.

6. Bar against readmission for a specified period, and/or drop from current enrollment, and/or drop from enrollment in one or more courses. This sanction may become a part of the student's permanent record and may be removed upon completion of the sanction period at the student's request.

7. Restitution - reimbursement for damages to or misappropriation of College, student, employee, or guest property. Restitution may be monetary or by specific duties. 8. Denial of degree - a student found in violation of the Academic Honesty and Appeal Policy & Procedure (Policy Number 1002) may be denied his/her degree. This sanction will become a part of the student's permanent record.

8. Failing grade, or other academic penalty - other academic penalties could include reduction of grade in a test, course, or other academic work, and/or performance of additional academic work not required of other students in the course.

9. Suspension from the College for a specified period - during such a suspension, a student will not attend class or participate in College campus activities (prohibits the student from entering the College campus without prior written approval of the Vice President of Student Services).

10. Expulsion from the College - expulsion may be permanent or for a specific period not less than one year. Permanent dismissal from the College prohibits the student from entering the College campus without prior approval of the Vice President of Student Services. Expulsion may include receiving a failing grade for all classes in which the student is currently enrolled.

11. Revocation of a degree, grade, or certification may be imposed when the student violates the Academic Honesty and Appeal Policy & Procedure (Policy Number 1002).

12. Bar from all HutchCC Campus locations after suspension or dismissal - a student who has been suspended or dismissed from a state-supported institution of higher education after a hearing, in accordance with procedures established by the institution, for disrupting the orderly operation of the Campus or facility of the institution, as a condition of the suspension or dismissal, may be denied access to the Campus or facility, or both, for a period of suspension. In the case of dismissal, the period of suspension should not exceed one year.

13. Eviction or barred from campus housing.

II. Appeal of a Level One Sanction

Within three business days (a business day is defined as a day that the College is open for business) after the date a sanction is imposed against a student by a disciplinary officer, the student or a representative of the College may appeal the disciplinary officer's decision by communicating in writing a request for appeal. The request for appeal should contain a description of the disciplinary officer's decision being appealed, the date the offense took place, and the requested outcome. Requests for appeal should be returned to the Executive Director of Student Affairs and Campus Safety, either in person, by mail (must be postmarked within 3 business days after an imposition of a sanction), or email. If an appeal is not received by the College or the student within the period stated above, the student or the College will be deemed to have waived the right of appeal and the disciplinary officer's decision will be deemed final.

In the event of an appeal to the Executive Director of Student Affairs and Campus Safety, the Executive Director of Student Affairs and Campus Safety will interview the student and the disciplinary officer and either affirm, modify, or reverse the disciplinary officer's decision. The decision of the Executive Director of Student Affairs and Campus Safety shall be final and not subject to further appeal.

III. Appeal of a Level Two Sanction

Within three business days (a business day is defined as a day that the College is open for business) after the date of the electronic notification of the imposition of a sanction against a student by a disciplinary officer, the student or a representative of the College may appeal the disciplinary officer's decision by communicating in writing a request for appeal. The request for appeal should contain a description of the disciplinary officer's decision being appealed, the date the offense took place, and the requested outcome. Requests for appeal should be returned to the Executive Director of Student Affairs and Campus Safety, either in person, by mail (must be postmarked within 3 business days after an imposition of a sanction), or by email. If an appeal is not received from the College or the student within the period stated above, the student or the College will be deemed to have waived the right of appeal and the disciplinary officer's decision will be deemed final.

IV. The Discipline Committee

Upon receipt of the appeal of a level two sanction, a hearing officer will be appointed to chair a hearing before the College's Discipline Committee. The hearing officer will be a person other than the disciplinary officer whose decision is being appealed. The discipline committee shall be chaired by a hearing officer appointed by the Vice President of Student Services or designee and is composed of representatives from administration, faculty, and the student body. To hear an appeal, the Committee will consist of a minimum of two members and a designated hearing officer, and will include at least one administrator, one faculty member, and one student.

The student will be notified by email at least three business days before the hearing. The notice will state the time, date, and place of the hearing. The hearing will be held within ten business days of receipt of the request for appeal. If a student appeals and fails to appear for the scheduled appeal hearing, the Committee will dismiss the appeal and the earlier decision will be deemed final.

At any hearing before the Discipline Committee the following will occur:

1. The student will have the right to hear charges of conduct violations read.

2. Each party will have the right to have an adviser present (including an attorney) at the party's own expense. Although each party has the right to have an adviser present, the adviser may not speak for the College or the student or cross-examine witnesses.

3. Each party will have the right to hear the testimony and see the evidence presented at the hearing.

4. Each party will have the right to present witnesses to be heard by the Committee.

5. Each party will have the right to provide a statement and give reasons supporting its position.

6. Proceedings will be recorded, except for Committee deliberations.

7. A written report will be prepared by the Committee affirming, modifying, or reversing the decision appealed. The Committee may modify the sanctions by either decreasing the severity of the sanctions or increasing the severity of the sanctions. Copies of the written report will be emailed to the student at the student's college email address and delivered to the Executive Director of Student Affairs and Campus Safety and to the Vice President of Student Services.

V. Appeal to the Vice President of Student Services

Within three business days after the date of the Discipline Committee's written report of its decision, the student or a representative of the College may appeal the Discipline Committee's decision. The request for appeal should contain a description of the Committee's decision being appealed, the reason for appeal, the date the offense took place, and the requested outcome. Requests for appeal should be returned to the Vice President of Student Services in writing. Appeals to the Vice President of Student Services are limited to the following:

1. A procedural error or omission occurred that significantly impacted the outcome of the hearing.

2. To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.

3. The sanctions fall outside the range of sanctions the College has designated for this offense.

If neither of the parties appeal during the time specified, the Committee's decision will be deemed final.

If, in the opinion of the Vice President of Student Services, the behavior of the student is reasonably expected to cause continued disruption or interference with the school's operation, the Vice President may find that the sanction will stand pending the outcome of the appeal.

Upon receipt of a complete request for appeal, the Vice President of Student Services will review the recording and any written materials from the Discipline Committee hearing. At the Vice President's sole discretion, the parties may be asked to appear, or the parties may be asked to present additional evidence. If additional evidence is requested, it will be presented in a manner granting each party the same due process rights as those outlined above. Within ten days of receipt of the request for appeal or within ten days after the date upon which the parties appear or additional evidence is presented to the Vice President of Student Services, the Vice President of Student Services will affirm, modify, or reverse the decision of the Discipline Committee. The Vice President's decision is final and will be set forth in a written report and the report will be emailed to the student.

VI. Failure to Respond

If the charged student does not schedule or attend a mandatory meeting by the date specified in the notice or fails to follow instruction or submit requested documentation or information within a reasonable specified amount of time, the College may proceed with adjudication of the case in the student's absence. In such cases, the student, by failing to respond or participate, will have waived any right to further due process.

General Standards of Conduct

In compliance with the Federal Drug Free Workplace Act of 1988 (Public Law 100-690) and the Drug Free Schools and Communities Act of 1989 (Public Law 101-226), Hutchinson Community College (“HutchCC” or “the College”) prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or abuse of alcohol (as defined in these Acts) by a student or employee on college property or at any college event or activity.

Student or employee violations of federal, state, and/or local drug and alcohol laws, including underage drinking laws, or HutchCC policies will be handled in accordance with applicable law enforcement and/or HutchCC disciplinary procedures. In Kansas, the legal drinking age is 21; however, no alcohol is allowed on HutchCC property or property controlled by HutchCC without prior written approval of the HutchCC Board of Trustees.

Residence halls, student clubs and organizations, and athletic teams, may impose additional restrictions.

Social Acceptability & Representation of Hutchinson Community College

The following definitions apply to this section:

• Reasonable/Reasonably means fair, sensible, or logical based on common standards or what most people would consider acceptable.
• Professional Judgement means the ability to make well-reasoned, ethical, and responsible decisions by applying one’s knowledge, skills, experience, and professional standards.

When acting in an official capacity, using a College title, or otherwise presenting themselves in a way that could reasonably be understood as speaking or acting on behalf of the College, employees must model professional judgment as outlined below.

• Employees must avoid alcohol/drug-related behaviors that a reasonable person would view as unprofessional or damaging to the College’s reputation, student welfare, or community relationships, including partners, and vendors.
  • Examples of these behaviors include, but are not limited to, visible intoxication, disruptive conduct, or encouraging others to drink
• Employees must maintain clear professional boundaries with students and may not purchase, provide, or facilitate access to alcohol for anyone under 21 or for any student at sponsored activities when representing HutchCC.
• If alcohol is present at HutchCC-hosted events or events being attended as a HutchCC representative, employees should limit consumption, decline participation in high-risk activities, and leave situations where alcohol/drug use by others creates safety or reputational risk.

The bullet points above are not intended to regulate lawful personal activities; however, it does apply when employees’ conduct is connected to their College role or relationships and could reasonably be expected to impact student welfare, or the College’s operations, learning environment, or reputation.

Employees must promptly notify a Vice President or Human Resources of serious alcohol/drug-related incidents at HutchCC-hosted events or events being attended as a HutchCC representative. Supervisors, Directors, Vice Presidents, and/or the President may outline best practices or safeguards to be initiated to protect the College’s reputation and/or involved employees.

Suspected violations of this policy will be investigated in accordance with HutchCC’s policies, procedures, and/or the Master Agreement. Upon the conclusion of the investigation, if conduct is deemed to violate this policy, employees may be subject to discipline, up to and including termination.

Travel and Conference Conduct

While traveling on College business, including, but not limited to, travel days, conferences, trainings, recruiting trips, donor/alumni events, and any College-sponsored function, employees are considered to be representing HutchCC.

Employees may not possess, use, or be impaired by illegal drugs, misuse prescription/over-the-counter medications, or be under the influence of alcohol while on duty, driving, operating equipment, supervising students, staffing a booth/table, meeting with external partners, or attending scheduled business events.

Lawful, moderate alcohol consumption during clearly off-duty personal time is permitted only if it does not result in impairment at any College related function or during the next duty period. Employees must arrive for all College activities fit for duty.

Driving any vehicle for College business while impaired is prohibited. After consuming alcohol, employees must use rideshare/taxi or other safe transportation at their personal expense.  Transporting alcohol or illegal substances in a HutchCC vehicle, is strictly prohibited. 

Employees must comply with all applicable laws at the travel location. Marijuana and other federally controlled substances remain prohibited while on College business, regardless of state/local legalization.

Harassment, disruptive behavior, or conduct that reflects poorly on HutchCC, particularly when associated with alcohol and/or drug use, violates this policy and may result in discipline, up to and including termination, under the College’s disciplinary procedures.

Student Sanctions

Students who violate this policy are subject to the Student Code of Conduct (Policy 1047) and the sanctions included in that policy. Violations of this policy by students will be reported to the Executive Director of Student Affairs and Campus Safety and, when appropriate, to law enforcement officials.

Employee Sanctions

As a condition of employment, employees of HutchCC who violate this policy will be reported to the Director of Human Resources and, when appropriate, to law enforcement officials. Employees of HutchCC who violate this policy will be subject to one or more of the following disciplinary actions:

• Placement on probationary status
• Short-term suspension with pay
• Short-term suspension without pay
• Long-term suspension without pay
• Required participation in a drug and alcohol education treatment, counseling, or rehabilitation program
• Termination of employment
• Or other actions determined appropriate by the Director of Human Resources

Employees who violate this policy will be afforded a hearing in accordance with current policies relating to employee discipline. Nothing in this policy is intended to diminish the right of the college to take any other disciplinary action permitted or authorized by HutchCC policies or the negotiated agreement.

If it is determined that an employee should complete a drug or alcohol education or rehabilitation program as a condition of continued employment, payment of the costs of any such program will be the employee’s responsibility. Employees convicted of a violation of a criminal drug statute occurring in the workplace are required to notify HutchCC of the conviction no later than five calendar days of the conviction. After receiving the notification from the employee, HutchCC must provide notice of the conviction, including position title and affected grants, to the U.S. Department of Education’s Director of Grants and Contracts Service.

Distribution

This policy will be distributed annually to all employees and all students.

The policy and related procedures will be reviewed and updated biennially by the Regulatory Compliance and Due Process Committee. The Director of Financial Aid may make minor modifications to policy if Federal Regulations warrant such revisions.

Consequences of the Use, Misuse, and Abuse of Drugs and Alcohol

Health Consequences

Students and employees of HutchCC should be aware that the following health risks have been associated with the use, misuse and abuse of drugs and alcohol:

• Alcohol: Birth defects, ulcers and gastritis, liver damage, heart disease, cancer, and brain damage
• Anabolic Steroids: Acne, cancer, heart disease, liver disease, sterility, jaundice, and kidney stones
• Cocaine/Stimulants: Increased blood pressure, blurred vision, sleeplessness, anxiety, irregular heartbeat, and death
• Hallucinogens: Increased body temperature, increased heart rate, blood pressure, sleeplessness and tremors
• Marijuana: Irritation of the lungs, emphysema, increased heart rate, reduced short term memory, and cancer
• Opiates/Narcotics: Decreased heart rate, nausea, cold, moist skin, bluish in color, and slowed breathing
• Sedatives: Slowed body function, drowsiness, convulsions, and coma

Prescription and Over-the-Counter Medications: Risks associated with the nonmedical use, abuse or misuse of prescription and over-the-counter medications are dependent upon the particular medication and may include any of the risks described above.

Students and employees should note that the above listing is not intended as all inclusive.

Workplace Consequences

The negative impact of substance abuse by employees in the workplace can be; increased risk of accidents, lower productivity, increased insurance costs, increased institutional costs, increased absenteeism. Loss of jobs and loss of life may result from substance abuse on the job.

Legal Consequences

Local, state, and federal laws provide for a variety of legal sanctions and penalties for the possession, distribution, misuse and abuse of controlled substances, pharmaceutical products, prescriptions, over-the counter medications, and alcohol.

The Federal Controlled Substances Act provides penalties of up to 15 years imprisonment and fines up to $25,000 for unlawful distribution or possession with intent to distribute narcotics. For unlawful possession of a controlled substance, a person is subject to up to one year of imprisonment and fines up to $5,000. Any person who unlawfully distributes a controlled substance to a person under twenty-one years of age may be punished by up to twice the term of imprisonment and fine otherwise authorized by law.

Kansas law provides that any person who violates the criminal statutes on controlled substances by possessing, offering for sale, distributing, or manufacturing opiates and narcotics, such as cocaine and heroin, shall be guilty of a Class C felony. For a conviction of a Class C felony, the court may sentence a person to a term of imprisonment of a minimum of three to five years, a maximum of 10 to 20 years, and a fine of up to $15,000. Unlawful possession of a depressant, stimulant or hallucinogenic drug is punishable as a Class A misdemeanor, with a penalty of up to a year in jail and a fine of $2,500.

Under Kansas law, persons under 21 years of age may be subject to minimum fines of $200 for possessing, consuming, obtaining, purchasing or attempting to obtain or purchase alcoholic liquor or cereal malt beverages. Persons convicted of driving under the influence of alcohol or drugs are subject to severe fines, imprisonment, and other penalties.

The most recent & complete Federal Trafficking Penalties are available online.

Counseling, Treatment, and Rehabilitation

Drug and alcohol counseling and treatment programs are available to students and employees on a national, state, and local basis. The Federal Substance Abuse and Mental Health Services Administration (SAMHSA) website maintains a substance abuse treatment locator.

Student Support and Resource Referral (SSC)

Alcohol assessments and personal counseling are available to currently enrolled students through the HutchCC Student Success Center (620) 665-3377. The Student Success Center maintains a list of local treatment facilities and this is available for students to pick up on request.

Employee Support and Resource Referral (HR)

Hutchinson Community College recognizes that employees may, at times, need support in identifying treatment, counseling, or other resources related to alcohol or substance use concerns.

Employees who would like assistance locating support services are encouraged to contact Human Resources. HR will partner with the employee to help identify available resources, which may include College programming, benefits and services available through enrolled plans, and community-based options. While HR can assist with identifying and coordinating resource information, the decision about whether to seek services and which provider(s) or option(s) to use remains the employee’s choice.

Drug and Alcohol Abuse and Prevention Information

The following web sites provide additional drug and alcohol abuse and prevention information:

• Partnership to End Addiction

Partnership to End Addition/DrugFree.org is a national non-profit dedicated to helping families prevent and address substance use, especially among teens and young adults.  They provide free, confidential support through a helpline, text, email, and online support groups. Their resources include evidence-based tools for prevention, early intervention, treatment, and recovery.

• Recovered

Recovered is a U.S.-based behavioral health organization that offers a free, comprehensive, and medically reviewed directory of addiction treatment providers.

• National Institute on Drug Abuse (NIDA)

The mission of the National Institute on Drug Abuse is to advance science on the causes and consequences of drug use and addiction and to apply that knowledge to improve individual and public health.

• National Institute on Alcohol Abuse and Alcoholism (NIAAA)

The National Institute on Alcohol Abuse and Alcoholism (NIAAA) is one of the 27 institutes and centers that comprise the National Institutes of Health (NIH). NIAAA supports and conducts research on the impact of alcohol use on human healt

The Behavioral Intervention Team (BIT) at Hutchinson Community College (HutchCC) exists to provide a structured, positive method for addressing student behaviors that impact the HutchCC community and may involve health and/or safety issues. The BIT strives to eliminate "fragmented care," to manage each case individually, and to initiate appropriate intervention without resorting to punitive measures.

BIT Members

BIT membership consists of the Vice President of Student Services who will serve as the BIT Chair. In the Vice President's absence, the Executive Director of Student Affairs and Campus Safety will serve as Chair. Other members of the BIT include the Coordinator of Counseling and Social Work Services, the Executive Director of Student Affairs and Campus Safety, the Registrar, and the Title IX and Title VI Coordinator.

Reporting

To report a concern to the BIT:

• Submit a report using the TIPS System. Visit www.hutchcc.edu, scroll to the bottom of the homepage, and click the "TIPS Report Incident" icon. Select the appropriate location and select "BIT Referral" from the Incident Type drop down menu.
• Email BIT@hutchcc.edu
• Call a BIT member's office phone number.

Emergency Protocol

In the event of an emergency, BIT members will be contacted by calling their office phone numbers and/or via text message through HutchCC's Emergency Alert System. This system can only be activated by the President of HutchCC or the President's designee.

If the emergency is more appropriate for the Crisis Team, the Chair of the BIT will notify the Chair of the Crisis Team. At this point, the BIT will default to the Crisis Team to handle the emergency.

If an emergency warrants immediate notification of the HutchCC Campus, the Chair of the BIT will, with the President of HutchCC's approval, activate the Emergency Alert System.

Discipline

After reviewing reports to the BIT, the team may take any of the following actions:

• Gather additional information
• Continue to observe student behavior
• Report concerns to appropriate parties (e.g. instructors)
• Mandate counseling referral
• Mandate agency referral
• Coordinate with other agencies
• Notify emergency contact (e.g. next of kin, parent, etc.)
• Alert appropriate authorities (911)
• Enact college emergency plan
• Suspension

If the BIT reasonably determines that a student's continued presence on campus poses a significant danger to either the student or to others or if there is reasonable cause to believe that an interim suspension is required to protect lives or property and to ensure the maintenance of order, the BIT may recommend to the President of HutchCC the student be temporarily suspended.

This policy addresses usage of the Hutchinson Community College campuses for First Amendment Activity protected by the United States Constitution, Bill of Rights, Amendment I; the Kansas Constitution, Bill of Rights, Section 11; and the Kansas Preservation of Religious Freedom Act, K.S.A. 60-5301 to 60-5305.

Hutchinson Community College (HutchCC) is a political subdivision of and a public higher education institution in the State of Kansas.  As a public higher education institution, HutchCC buildings, facilities, grounds, and campuses are dedicated to education and the fulfillment of HutchCC’s approved mission to expand the tradition of excellence through learning and collaboration.  As part of this mission, HutchCC supports First Amendment Activity or “expressive activity” as outlined in this First Amendment Activity Policy.  This Policy applies to any Participant, who is defined as any student, administrator, faculty, and staff of HutchCC and includes invited guests of such student, administrator, faculty, and staff.

First Amendment or Expressive Activity

First Amendment Activity or "expressive activity" means lawful verbal, written, audiovisual, or electronic means by which individuals may communicate ideas to one another.  First Amendment Activity includes, but is not limited to, peaceful assembly, protests, speeches, guest speaker presentations, distribution of literature, holding signs, and circulating petitions.  Information may not be obscene or libelous nor advocate unlawful conduct.  Participant organizers are encouraged, but not required, to include the organization’s name and address on the distributed information. 

First Amendment Activity does not cover commercial expression or activity, such as offering or soliciting business opportunities and advertising.  Any questions about scheduling commercial activity should be directed to the Office of the Vice President of Student Services. 

HutchCC supports the right of Participants to explore new ideas and learn from one another through expressive activity on the HutchCC campuses.  Any Participant who wishes to engage in non-commercial expressive activity on campus shall be permitted to do so freely, so long as the individual's conduct is lawful and does not materially and substantially disrupt the functioning of HutchCC.  “Materially and substantially disrupt” means when an individual, with the intent to do so or has knowledge of doing so, significantly hinders another individual or group of individuals from expressive activity, prevents communication of a message or transaction of business of a lawful meeting, gathering, or procession by (a) engaging in fighting, violence, or other unlawful behavior; or (b) physically blocking or using threats of violence to prevent any individual from attending, hearing, viewing, or otherwise participating in an expressive activity.  "Materially or substantially disrupt" does not include isolated, minor, brief, or fleeting nonviolent disruptions of events or conduct protected by the United States and Kansas Constitutions, including, but not limited to, lawful protests in outdoor areas of campus that are generally accessible to members of the public unless reserved in advance.

While respecting these rights, HutchCC encourages individuals to be guided by principles of civil decency.  Lawful expressive activity does not inflict or threaten harm, cause a breach of the peace, consist of fighting words, incite individual(s) to commit a crime or cause panic, and is not obscene or defamatory.  Neither the United States Constitution nor the Kansas Constitution shield conduct that threatens public health, safety, or welfare.  Also prohibited under this policy is harassment that is unwelcome and so severe, pervasive, and subjectively and objectively offensive that a student is effectively denied equal access to educational opportunities or benefits provided by HutchCC. 

Outdoor areas of HutchCC campuses are public forums for Participants to engage in First Amendment or expressive activity.  Outdoor areas of HutchCC refers to the generally accessible outside areas of HutchCC campuses where Participants are commonly allowed.  Examples of outdoor areas of HutchCC campuses include, but are not limited to, grassy areas, walkways, or other similar common areas.  Outdoor areas of HutchCC campuses do not include outdoor areas where public access is restricted.

Religious, Political, or Ideological Student Associations

In addition, this policy addresses religious, political, or ideological student associations, which are defined as an officially recognized group at HutchCC or group seeking official recognition that is comprised of admitted students and receives or is seeking to receive benefits through HutchCC.  In this context, benefit refers to recognition, registration, the use of HutchCC facilities for meetings or speaking purposes, use of channels of communication, and funding sources that are otherwise available to student associations at HutchCC.

HutchCC will not deny any religious, political, or ideological student association any benefit available to any other student association, or discriminate against a religious, political or ideological student association with respect to such benefit, based on such association's requirement that the leaders or members of such association:  (a) adhere to the association's sincerely held religious, political, or ideological beliefs, values, or mission; (b) comply with the association's sincerely held religious, political, or ideological beliefs, values, or mission; (c) comply with the association's sincere standards of conduct; or (d) be committed to furthering the association's missions or purposes, including any religious, political, or ideological beliefs or values, observance requirements, standards of conduct, or missions as defined by the student association.  Any Participant who believes there has been a violation of this policy should file a complaint with the Office of the Vice President of Student Services.

Time, Place, and Manner

HutchCC will maintain and enforce reasonable time, place, and manner considerations that are viewpoint-neutral, discussed below, and provide alternative means of expression.  For example, if a particular outdoor area on campus has been previously scheduled, the Participant is encouraged to work with HutchCC to identify a new location or a new date for the expressive activity.   Spontaneous and contemporaneous assembly or distribution of literature is permitted, providing such expressive activity in a non-outdoor area is lawful and does not materially and substantially disrupt the functioning of HutchCC.  HutchCC buildings and facilities are not available for unrestricted use by Participants for expressive activity. 

Use of HutchCC building, facilities, grounds, and  campuses are subject to the following time, place, and manner regulations, which are intended to balance HutchCC’s responsibility to fulfill its mission as an educational institution in Kansas with lawful expressive activity that does not materially and substantially disrupt the functioning of HutchCC.

Time, manner, and place considerations include:

• space availability
• planned HutchCC operations
• safety hazards or unreasonable safety risks to HutchCC students, employees, or visitors  
• adequate time to implement necessary safety and security measures for the proposed activity, if applicable
• noise and sound levels due to the use of loudspeakers and sound amplifiers that materially and substantially disrupt the normal use of classrooms, residence halls, offices, or laboratories, or any previously scheduled HutchCC event or activity.  If the noise level can be heard in surrounding neighborhoods, the Participant must acquire a City of Hutchinson permit for operating a sound system and adhere to applicable city ordinance, state, and federal law.

No scheduling request will be denied based on the content or viewpoint of the expressive activity or Participant.  Any denial will include a written rationale for the decision.

To the extent feasible, Participants are encouraged to schedule in advance First Amendment or expressive activity with the Office of the Vice President of Student Services.  Advance scheduling one week in advance of the proposed date is recommended, but not required, to ensure the proposed location and time have not been previously reserved and there is sufficient time to work through any logistics as applicable.

HutchCC may charge security fees to a student or student association for any expressive activity that requires a permit, except no security fee will be charged based on the content of the First Amendment or expressive activity of the Participant or student association or based on the anticipated reaction to the expressive activity of a Participant or student association.   Determination of any security fee will be based on content-neutral and viewpoint-neutral criteria, including, but not limited to:  (a) location of the activity, and (b) anticipated size of the audience and whether alcohol will be served. No alcohol is allowed on HutchCC property or property controlled by HutchCC without prior written approval of the HutchCC Board of Trustees.

First Amendment or expressive activity may not last longer than five hours from beginning to end.  Further, HutchCC may limit the duration of the First Amendment Activity to under five hours based on the type of event and the resources required to manage it, including campus operating hours.

The Participant organizer(s) is expected to clean up the area in which the First Amendment or expressive activity was located and to leave the area in its original condition.  The area in which the activity was located may be subject to inspection by a HutchCC representative after the activity has concluded.  Reasonable charges may be assessed against the organizer(s) for the costs of extraordinary cleanup or for the repair of damaged property.

All fire, safety, sanitation, or special regulations specified for First Amendment or expressive activities are to be honored.

HutchCC cannot and will not provide utility connections or hook-ups in connection with any First Amendment or expressive activity.

The First Amendment or expressive activity must not obstruct vehicle, bicycle, pedestrian, or other traffic or otherwise interfere with ingress or egress to HutchCC, or to HutchCC buildings or facilities, or to HutchCC activities or events.

The First Amendment or expressive activity must not create safety hazards or pose unreasonable safety risks to HutchCC students, employees, invitees, guests, or visitors to HutchCC.

The First Amendment or expressive activity also must be in accordance with any other applicable HutchCC policies and regulations; policies and regulations of the Kansas Board of Regents; local ordinances and state or federal laws.

HutchCC at any time may restrict, terminate, cancel, or prohibit First Amendment or expressive activity that (a) materially and substantially disrupts the normal operations of HutchCC, including, but not limited to, teaching, study, administration, meetings, and/or other authorized and permissible use of HutchCC facilities; (b) obstructs the free movement of persons about campus or blocks access to buildings; (c) endangers the safety of any person(s); (d) causes damage to property; or (e) violates local ordinances, state or federal laws, or HutchCC policies.

It is a violation of this policy for anyone, including a Participant or student organization, to intentionally, materially, and substantially disrupt another Participant’s First Amendment or expressive activity if such activity is occurring in a campus space that is reserved for such activity under the exclusive use or control of such Participant  or student association. 

Complaints

Any Participant who believes there has been a violation of this policy should file a complaint with the Office of the Vice President of Student Services.  The Complaint  should include:

• date, time, and location of the incident
• Participants or individuals or groups involved
• description of the alleged violation; and
• any supporting documentation or witness information

HutchCC will promptly review complaints, investigate, and provide a written determination.

Possession of Weapons

REFERENCE NUMBER: 1134

EFFECTIVE DATE: 2/09/2017

To the extent allowed by law and except as otherwise provided herein, the open carry or possession of any weapon on College properties and facilities shall not be allowed. Each entrance to each building and facility owned or operated by the College shall be posted in accordance with K.S.A. 2007 Supp., K.A.R. 16-11-7, K.S.A. 21-4218 and K.A.R. 1-49-11, and amendments thereto.

Additional signs may be posted as appropriate. Notice of this policy shall also be included in the College employee and student handbooks, student housing contracts and the College administrative policies and procedures.

Nothing in this Policy shall be construed to prohibit possession of weapons on property and facilities owned or operated by the College (1) as necessary for the conduct of Board approved academic programs or College approved activities or practices, or (2) by College security officers while acting within the scope of their employment or (3) by employees of the college who are also commissioned law enforcement officers.

The carrying of a concealed handgun in accordance with K.S.A. 75-7c10 and 75-c20 shall not be prohibited by this policy.

Concealed Carry Defined: Individuals who carry a handgun on or in any building located on the grounds of the College and any building leased by the College must carry it concealed at all times. Individuals who choose to carry a concealed handgun are responsible for doing so in strict compliance with the Kansas Personal and Family Protection Act [K.S.A. 75-7c04], other applicable Kansas laws and regulations, and with College policies.

With respect to this policy, a concealed handgun shall remain at all times within the person’s exclusive control except when used for personal or family protection in accordance with applicable law.

Geographic Applicability: This policy is applicable only within the geographic limits of the campus of the College and within locations owned or leased by the College that are not part of the College campus, provided that such locations are located within the State of Kansas. The owners of facilities leased or used on a temporary basis by the College and who may lawfully exclude or permit firearms at their premises (concealed or otherwise) may choose at their sole discretion to exclude or permit concealed firearms from their property, notwithstanding use by the College.

Campus Gun Free Locations with Adequate Security Measures: Each location within the geographic applicability of this policy designated as gun free with “adequate security measures,” as defined by Kansas law, will be identified with appropriate signs in accordance with Kansas law. There are no College locations that currently are designated as gun free with permanent adequate security measures. The College may from time to time designate a specific location as gun free and use adequate security measures as defined and required by law. Appropriate notice will be given of any such designation.

Restrictions to the Carrying of a Concealed Firearm Pursuant to Kansas Law: Kansas law states that the only type of firearm that an individual can carry while concealed is a handgun. Nothing in this policy is intended to replace municipal, state or federal law regarding weapons, firearms, explosives and other hazardous objects or substances or be inconsistent with the rights afforded a lawfully commissioned peace officer. Restrictions applicable to concealed carrying of a handgun under Kansas law include but are not limited to the following:

• An individual in possession of a concealed handgun must be at least 21 years of age, or be 18-20 years of age and possess a provisional license [K.S.A. 75-7c04];
• A firearm cannot be carried by an individual under the influence of alcohol or drugs, or both, to such a degree as to render the individual incapable of safely operating the firearm [K.S.A. 21-6332];
• A firearm cannot be carried by an individual who is both addicted to and an unlawful user of a controlled substance [K.S.A. 21-6301(a)(10)];
• A firearm cannot be carried by an individual who is or has been a mentally ill person subject to involuntary commitment [K.S.A. 21-6301(a)(13)];
• A firearm cannot be carried by an individual with an alcohol or substance abuse problem subject to involuntary commitment [K.S.A. 21-6301(a)(13)];
• A firearm cannot be carried by an individual who has been convicted of a felony crime [K.S.A. 21-6304];
• An automatic firearm cannot be carried [K.S.A. 21-6301(a)(5)];
• A cartridge which can be fired by a handgun, and which has a plastic-coated bullet with a core of less than 60% lead by weight is illegal [K.S.A. 21-6301(a)(6)];
• Firearms cannot be fired in the corporate limits of a city or at a dwelling, or at a structure or vehicle in which people are present, except in self-defense [K.S.A. 21-6308, 6308a].

Violations of any of such restrictions may constitute a criminal offense under applicable Kansas law. Persons who violate any provision of this policy or applicable Kansas law shall be subject to the disciplinary actions in accordance with the policies and procedures of the College. Violations also may be reported to appropriate law enforcement agencies.

For the purpose of this policy, the term “weapon” means:

• any object or device which will, is designed to, or may be readily converted to expel a bullet, a shot, or a shell by the action of an explosive or other propellant;
• any handgun, pistol, revolver, rifle, shotgun, or other firearm of any nature;
• any BB gun, pellet gun, air/CO2 gun, stun gun, or blow gun;
• any explosive, incendiary, or poison gas (A) bomb, (B) mine, (C) grenade, (D) rocket having a propellant charge of more than four ounces, or (E) missile having an explosive or incendiary charge of more than ¼ ounce;
• any incendiary or explosive material, liquid, solid, or mixture equipped with a fuse, wick or other detonating device;
• any tear gas bomb or smoke bomb; however, personal self-defense items containing mace or pepper spray shall not be deemed to be a weapon for the purposes of this policy;
• any fixed-blade or folding knife with a blade of more than four inches such as a dagger, dirk, knife, or sword; except that an ordinary pocket knife or culinary knife designed for and used solely in the preparation or service of food shall not be construed to be a weapon for the purposes of this policy;
• any martial arts weapon such as nunchucks or throwing stars; or
• any longbow, crossbow and arrows, or other projectile that could cause serious harm to any person;
• any bludgeon, sand club, metal knuckles, billy, blackjack, slingshot, or any other dangerous or deadly weapon or instrument of like character.

HUTCHINSON COMMUNITY COLLEGE RIGHTS OF PREGNANCY AND PARENTING STUDENTS POLICY

1. Purpose

Hutchinson Community College (the College) is committed to providing an educational and employment environment that is free from discrimination. In compliance with Title IX of the Education Amendments of 1972, as well as other applicable federal and state laws, the College prohibits discrimination on the basis of sex, including pregnancy, marital status, or parental status, childbirth, false pregnancy, termination of pregnancy, recovery therefrom, and related conditions.

This policy provides protections and supportive measures for pregnant and parenting students to ensure continued academic progress without discrimination.

1. Scope

The Policy applies to all students, regardless of their sex, sexual orientation, gender identity, part- or full-time status, disability, race, or national origin—in all aspects of College educational programs and activities. This includes admissions, course work, and extracurricular activities.

The Policy prohibits all forms of Discrimination on the basis of the Protected Characteristic(s), and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with the Policy.

1. Definitions

The following definitions apply to the Rights of Pregnant and Parenting Students Policy:

• Pregnancy and Pregnancy-Related Conditions: Includes pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery.
• Parenting: Caring for a child in the immediate post-birth, adoption, or foster placement period.
• Supportive Measures / Reasonable Modifications: Adjustments that allow students to continue their education without discrimination.
• Medical Necessity: Determination by a licensed healthcare provider.
• Pregnancy Discrimination: Treating a student less favorably due to pregnancy or failing to provide required accommodations.
• Sex Discrimination: Includes discrimination based on sex, gender identity, sexual orientation, or parental status.

1. Policy Statement

1. 1. Nondiscrimination

Hutchinson Community College prohibits discrimination, harassment, or exclusion based on pregnancy, pregnancy-related conditions, or parental status. Students will not be required to limit or withdraw from participation in academic programs due to such conditions.

The College will treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery from pregnancy, and related medical conditions in the same manner and under the same policies as any other temporary disability.

1. 1. Supportive Measures/Reasonable Modifications

As with all temporary disabilities, the Director of Accessibility Services may request a physician’s note or other documentation. The Director of Accessibility Services, in consultation with the Coordinator of Title IX, Title VI and Compliance has the authority to determine that Supportive Measures/Reasonable Modification is reasonable, necessary and appropriate.

For the purpose of this policy, supportive measures/reasonable modification are changes in the academic environment or typical operations which enable pregnant students or students with pregnancy related medical conditions to continue to pursue their education and to enjoy the equal benefits of the College. The College need not provide a supportive measure/reasonable modification if the supportive measure/reasonable modification would cause the College undue hardship.

1. Supportive measures/reasonable modification will be deemed to cause undue hardship if it would:

• fundamentally alter the nature of the course and/or program;
•  pose a safety risk to the individual seeking the accommodation or to others; or
•  create an undue administrative or financial burden.
• Determination of fundamental requirements and essential elements of a program and/or course are reviewed, as necessary, by the department chairperson(s) and the Coordinator of Accessibility Services.

Supportive measures/reasonable modification are individualized and may include, but are not limited to:

• Breaks during class to express breast milk, breastfeed, or attend to health needs associated with pregnancy or related conditions
• Eating, drinking, or using the restroom
• Intermittent absences to attend medical appointments
• Offering remote learning options
• Changes in schedule or course sequence
• Extensions of time for coursework and rescheduling of tests and examinations
• Being allowed to sit or stand, or carry or keep water nearby
• Counseling
• Changes in physical space or supplies (such as access to a larger desk or footrest)
• Elevator access
• Granting leave per the College medical leave policy (when applicable) or implementing incomplete grades for classes that will be resumed at a future date

1. 1. Leave and Academic Continuity

Students may take medical leave as determined by a healthcare provider. In that situation, the pregnant student must provide a physician’s note or documentation regarding the need for medical leave to the Director of Accessibility Services, who will approve, coordinate, and implement an appropriate accommodation plan for the student. Upon return, students will be reinstated to the same academic status held prior to leave. In situations such as clinical rotations, performances, labs, and group work, the College will work with the student to devise an alternative path to completion, if possible. In progressive curricular and/or cohort-model programs, medically necessary leaves are sufficient cause to permit the student to shift course order, substitute similar courses, or join a subsequent cohort when returning from leave.

1. 1. Parenting Students

Students with parenting responsibilities due to the birth, adoption, or foster placement of a child may request temporary academic modifications. Adjustments may include modified deadlines, reduced course loads, or schedule changes for a reasonable period.

1. 1. Communication

Communication and cooperation among the student, the student’s academic advisor, the appropriate academic department(s), the Director of Accessibility Services, and the Coordinator of Title IX, Title VI and Compliance are crucial.

1. 1. Harassment and Retaliation

Harassment of any member of the College community based on sex, gender identity, gender expression, pregnancy, or parental status is prohibited by federal law and the College Equal Opportunity, Harassment, and Nondiscrimination Policy & Procedures (1089). College employees are prohibited from interfering with students exercising their rights under this policy, including but not limited to seeking supportive measures/reasonable modification and taking medical leave.

College employees are prohibited from retaliating against students for exercising the rights articulated by this policy, including imposing or threatening to impose negative educational outcomes because students request leave or measures/reasonable modification, file a complaint, or otherwise exercise their rights under this policy

1. Responsibilities

1. 1. Coordinator of Title IX, Title VI and Compliance

The Coordinator of Title IX, Title VI and Compliance is responsible for:

• • Overseeing compliance with this policy
  • Responding to complaints of discrimination or harassment

1. 1. Director of Accessibility Services

The Director of Accessibility Services is responsible for:

• • Overseeing compliance with this policy
  • Coordinating supportive measures

1. 1. Faculty and Staff

 The Faculty and Staff must:

• • Refer students to the appropriate office for support
  • Implement approved supportive measures
  • Maintain confidentiality

1. 1. Student

 The Student must:

• • Be proactive in getting into communicate with the Director of Accessibility Services, Coordinator of Title IX, Title VI and Compliance, and Faculty
  • Provide reasonable documentation from a licensed healthcare provider to Director of Accessibility when necessary.
  • Remain responsible for meeting course requirements, completing assignments and maintaining academic progress, with supportive measure/reasonable modification.

1. Pregnant and Parenting Contacts

Director of Accessibility Services

Lisa Jolliff
(620) 665-3554
jolliffl@hutchcc.edu
www.hutchcc.edu

Coordinator of Title IX, Title VI and Compliance

Bernadett Dillon
620-665-3512
dillonb@hutchcc.edu
www.hutchcc.edu

External Contact Information

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Customer Service Hotline: (800) 421-3481

Facsimile: (202) 453-6012

TDD: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr
 

Office for Civil Rights (OCR)

Kansas City Office

One Petticoat Lane, 1010 Walnut Street, Suite 320

Kansas City, MO, 64106

Email: OCR.KansasCity@ed.gov

1. Report

Any member of the Hutchinson Community College community may report a violation of this policy to the Coordinator of Title IX, Title VI and Compliance

[1] (Title IX Coordinator) or the Director of Accessibility Services. Any report should be promptly forwarded to the Office of Title IX , Title VI and Compliance. The Coordinator of Title IX, Title VI and Compliance is responsible for overseeing complaints of discrimination involving pregnant and parenting students, as detailed by this policy, the College Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures (1089), and the College Non-Discrimination of Individuals with Disabilities Policy (1060).

Inquiries about and reports regarding this policy may be made internally to:

Coordinator of Title IX, Title VI and Compliance

Bernadett Dillon
620-665-3512
dillonb@hutchcc.edu
www.hutchcc.edu

Inquiries may be made externally with the U.S. Department of Education’s Office for Civil Rights at:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100 Phone (Customer Service Hotline): (800) 421-3481
Fax: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: https://www.ed.gov/about/ed-offices/ocr
Complaints may be filed online using the Office of Civil Right Complaint Form.

1. Frequently Asked Questions

Below are some frequently asked questions from students in postsecondary schools regarding their Title IX rights.

Will my absences be excused due to documented pregnancy, childbirth, or abortion?
Absences due to documented pregnancy, childbirth, or related medical conditions must be excused and cannot be treated or penalized like unexcused absences. A pregnant student may be eligible for a medical leave if prescribed by the student’s physician. In that situation, the pregnant student must provide a physician’s note or documentation regarding the need for medical leave to the Director of Accessibility Services, who will approve, coordinate, and implement an appropriate supportive measures/reasonable modification plan for the student.

To the extent possible and pursuant to normal operating procedures of the College, the College will take reasonable steps to return pregnant students to the same position of academic progress as they were in when they took medical leave. After returning from an excused absence or medical leave, faculty must allow a reasonable amount of time to make up missed assignments and tests. The makeup assignments and tests must be reasonably equivalent to those missed but need not be identical. If a faculty member provides specific “points” or other advantages to students based on class attendance, you must be given the opportunity to earn back the credit from classes missed due to pregnancy.

What if faculty members say their absence/makeup policy applies regardless of any medical condition?
While faculty may have a strict attendance policy, the College is bound by federal civil rights law. Title IX requires that the College ensures all faculty and staff comply with the law and do not discriminate against pregnant and parenting students. An individual faculty member’s policy is not okay if it breaks the law. Please contact the Coordinator of Title IX, Title VI and Compliance if you have questions about your faculty member’s attendance policy as it relates to your pregnancy or parental responsibilities.

Does the College need to provide me with special academic services?
Title IX requires the College to provide pregnant students with any special services provided to students with any other type of temporary disabilities. Please contact the Director of Accessibility Services for more information.

If my program requires internships, career rotations, or other off-campus elements, can I be excluded from participation?
No. Your program must allow you to continue participating in off-campus programs. If your program provides opportunities to “work in the field,” you cannot be excluded based on your pregnancy. Faculty cannot require a doctor’s note for continued participation unless faculty requires one for all students who have a medical condition that requires treatment by a doctor. If a faculty member asks for a note, the faculty member cannot second-guess your doctor’s decision.

What if classmates or faculty have made offensive comments to me about my pregnancy?
Title IX requires the College to prevent and address sex-based harassment, including harassment based on pregnancy. If you experience this sort of treatment, you should immediately contact the Coordinator of Title IX, Title VI and Compliance. The law prohibits anyone from retaliating against you for filing a complaint or raising a concern.

Hutchinson Community College is committed to protecting the privacy and confidentiality of health information for the campus community including students, faculty, and staff. Federal law gives individuals rights over their health information and sets rules and limits regarding who can look at and receive health information. This applies to all forms of individuals' protected health information, whether electronic, written, or oral. Health information should not be disclosed or confirmed to anyone without prior written consent from the student or employee. Failure to adhere to state and federal law or Hutchinson Community College policies and procedures will result in disciplinary and or legal action.  

Hutchinson Community College may use and disclose medical information without prior written consent for treatment and to support the college’s health care operations. Examples of this may include sending medical information to specialists or using patient data to improve treatment methods. The college may also release information to the sports information staff and members of the media regarding athletic participation. 

Students or employees may inspect and review their health records upon request. Request to inspect health records should be directed to the record custodian or an appropriate college staff person to make arrangements for access as promptly as possible. Access to the record may be granted immediately if the student can verify their identity using acceptable identification (student i.d., driver's license). If it is not possible to view the record immediately, the student should submit a written request to the record custodian or appropriate college staff person. Access must be given within 30 days from the receipt of the request

If students or employees believe their HIPAA-rights have been violated, they may file a complaint with the Office for Civil Rights (OCR). Health Information Privacy complaints can be filed electronically by visiting:   Health Information Privacy Complaint Form Package - PDF.  

Medical Record Custodians:

Accessibility Services

Athletics

Child Care Center

Director of Financial Aid

Director of Residence Life

Food Service

Human Resources

Registrar

Selective Admissions Program

Student Success Center

1. What is FERPA?

The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, is a federal law designed to protect the privacy of education records, to establish the right of students to inspect and review their educational records, and to provide guidelines for the correction of inaccurate and misleading data. The act applies to all institutions that are the recipients of federal funding.

2. Who is protected under FERPA?

Students who are currently enrolled in higher education institutions or formerly enrolled regardless of their age or status in regard to parental dependency.

Parents of students termed “dependent” for income tax purposes may have access to the student’s educational records. Deceased students do not have rights under FERPA.

3. What are Educational Records?

“Educational Records” include any records in the possession of an employee which are shared with or accessible to another individual. FERPA coverage includes records, files, documents, and any information maintained in any way about a student. With certain exceptions, a student has the right of access to those records which are maintained by an educational institution or party authorized to keep records for the institution.

This would include transcripts or other records obtained from a school in which a student was previously enrolled.

FERPA contains no requirement that certain records be kept. This is a matter of institutional policy and/or state regulation. The records may be handwritten in print, computer files, generated information, magnetic tape, film, or other mediums.

4. What is not included in an Educational Record?

• Sole possession records or private notes held by educational personnel which are not accessible or released to other personnel
• Law enforcement or campus security records which are solely for law enforcement purposes
• Records relating to individuals who are employed by the institution (unless contingent upon attendance)
• Records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment
• Records of an institution which contain only information about an individual obtained after that person is no longer at that institution (i.e. alumni records)

5. What documents can be removed from an Educational Record before the student reviews it?

• Any information that pertains to another student
• Financial records of parents
• Some confidential letters of recommendation under conditions described in FERPA section 99.12.

6. What is Directory Information?

FERPA regulations define “Directory Information” as information contained in an education record of a student “that would not generally be considered harmful or an invasion of privacy.” At HutchCC, this includes:

• Name
• Month and day of birth
• Current address and telephone number
• HutchCC e-mail address
• Major (pathway of study)
• Enrollment status (full-time, half-time, less than half-time)
• Dates of attendance
• Degrees and certificates earned
• Honors and awards received
• Participation in officially recognized activities and sports
• Previous educational institutions attended
• Photographs taken by the college

HutchCC personnel reserve the right to refuse the release of any or all of the information listed above if in the institution’s judgment the release of the information might compromise the welfare of the student. Any issues resulting from these professional judgments should be taken to the HutchCC Registrar.

7. Who is entitled to student information?

• The student and any outside party who has the student’s written consent
• School officials who have “legitimate educational interests” as defined by FERPA
• Parents of a dependent student as defined by the IRS
• A judicial order or subpoena which allows the institution to release records without the student’s consent, however, a “reasonable effort” must be made to notify the student before complying with the order

8. When do you need consent to disclose personally identifiable information from an educational record (including transcripts)?

Students must authorize access to non-directory information for third parties before any disclosure is made.

The authorized consent must:

• Specify the records that may be disclosed
• State the purpose of the disclosure
• Identify the party or class of parties to whom the disclosure may be made

9. When is the student’s consent not required to disclose information?

• To school officials with a legitimate educational need to know.
• To federal, state, and local authorities involving an audit or evaluation of compliance with educational programs
• In connection with financial aid (this includes veteran’s benefits)
• To organizations conducting studies on behalf of educational institutions
• To accrediting organizations
• To parents of dependent children (with appropriate documentation on file)
• To comply with judicial order or subpoena
• In a health or safety emergency
• When releasing directory information
• Releasing results of a disciplinary hearing to an alleged victim of a crime or violence
• To officials of another institution in which the student seeks or intends to enroll

10. Who should students contact at Hutchinson Community College for inspection of educational records?

The Hutchinson Community College Privacy Officer is the College Registrar. Contact can be made by phoning (620) 665-3500 or by e-mailing Records@Hutchcc.edu.

11. How does a student file a complaint?

A student may file a written complaint with the Department of Education regarding an alleged violation under the Family Educational Rights and Privacy Act at the following address:

Family Policy Compliance Office U.S. Department of Education        
400 Maryland Avenue, SW
Washington D.C. 20202-4605

I. Commitment to Privacy

Hutchinson Community College (“HutchCC” and/or the “College”) is committed to safeguarding all Private Information entrusted to the College by the public and members of the HutchCC community. This notice describes the College’s general privacy policy as it relates to the collection, protection, and disclosure of such information. (Note: see the “Definitions” section below for the definition of “Private Information.”)

II. Purpose

To set forth requirements regarding information entrusted to the College by the public and members of the HutchCC community.

III. Scope & Application

This Privacy Policy describes College practices in connection with information HutchCC may collect through the use of the College website (“Site”). By accessing this site, visitors consent to the collection and use of the information described in this Privacy Policy. If you are a HutchCC consumer, please read about our policy and practices relating to information the College collects in providing services to you.

IV. Definitions

Private Information: includes all information protected by state and/or federal law or that the College is contractually obligated to protect. Private Information also includes information designated by the College as private (confidential or sensitive) through the creation of standards, procedures, and guidelines. Access to these data must be tightly monitored.

Examples of Private Information include, but are not limited to the following:

• Nondirectory student records as defined by the Family Educational Rights and Privacy Act (FERPA) and the College Family Educational Rights and Privacy Act Policy (Policy 1043)
• Financial aid and scholarship records
• Any identifying information of an individual
• Personal information utilized to verify identify, including but not limited to Social Security numbers (SSN) and HutchCC identification numbers (HutchCC ID)
• Passwords and PINS
• Digital signatures
• Individually identifiable health information protected by state or federal law (including but not limited to “protected health information” as defined by the Health Insurance Portability and Accountability Act (HIPAA))
• Individually identifying information created and collected by research projects
• Credit card numbers and financial transactions covered by the Payment Card Industry (PCI) Standard
• Information resources with access to confidential or sensitive data
• Information covered by nondisclosure agreements
• Any information relating to an identified or identifiable person, or personal data, as defined by the European Union’s General Data Protection Regulation (GDPR).

V.  Collection of Private Information

HutchCC will only collect Private Information, such as your name, address, or telephone number, if you provide it to the College voluntarily. Private Information collected on our Site is stored and processed in the United States.

In addition, the College automatically collects certain information regarding visitors to our Site, including information about your equipment, browsing actions, and usage patterns. HutchCC uses this information solely for internal purposes, such as to improve our Site.

The technologies the College uses for this automatic data collection include cookies. A cookie is a small file, placed on the hard drive of your computer, containing an identifier (a string of letters and numbers) that is sent by a web server to your web browser. The information the College automatically collects is statistical data and does not include Private Information. However, Private Information that the College stores about you may be linked to the information stored in and obtained from cookies.

You have the ability to delete cookie files from your hard drive at any time or avoid cookies by configuring your browser to reject them or to notify you when a cookie is being placed on your hard drive.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

The College may use cookies for the following purposes:

• Authentication: to identify you when you visit our Site and as you navigate our Site
• Security: to protect user accounts, including preventing fraudulent use of login credentials, and to protect our Site and services generally
• Advertising: to help HutchCC display advertisements that will be relevant to you, including remarketing
• Analysis: to analyze the use and performance of our Site and services

The College, through third party vendors, occasionally uses third-party cookies together to inform, optimize, and serve advertisements based on your past visits to our Site. The techniques HutchCC’s third-party vendors employ do not collect any Private Information.

You can visit the Digital Advertising Alliance to identify and opt out of cookie-based targeted advertising. Alternatively, you can opt out of third-party cookies by visiting the Network Advertising Initiative opt-out website.

In addition, your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. For more information about these controls, visit your browser or device’s help resources.

The College uses Google Analytics. The information gathered by Google Analytics cookies relating to our Site is used to create reports about the use of our Site. Google’s privacy policy is available online.

The College uses Google AdWords. The information gathered by Google AdWords cookies is used to serve you with relevant advertising based on your interests, as determined by your use of our Site and other websites across the web. You can opt out of Google’s use of cookies by visiting Google’s Ads Settings.

The College uses social media based Advertising (e.g. Facebook, Twitter, Instagram, etc.). The information gathered by social media cookies is used to serve you with relevant advertising based on your interests and use of our Site. You can opt out of seeing online internet-based ads from social media and other participating companies through the Digital Advertising Alliance in the United States, the Digital Advertising Alliance of Canada in Canada, or the European Interactive Digital Advertising Alliance in Europe.

The College occasionally hires other companies to provide services on its behalf; for example, to process event registrations. HutchCC will provide these companies only with the information they need to deliver services, and they are contractually prohibited from using that information for any other purpose.

At any time, while accessing our Site, any visitor may decline participation in any activity that would require providing information (e.g. such as survey email or e-commerce). Your decision not to participate will not affect your ability to use any other feature on our Site.

The College offers you opportunities to engage in blogs, forums, and social media accounts, as well as similar functions within its restricted DragonZone platform, that are designed to be visible to other users, including comments and postings. You should be aware that any private information you choose to submit via those methods can be read, collected, and used by other participants and could be used to send you unsolicited messages. HutchCC is not responsible for the private information you choose to submit when you engage in such activities.

The College does not knowingly collect any information from children under age 13 (“children”) nor does it provide any Private Information collected from children, regardless of its source, to any third-party for any purpose whatsoever. No information collected from children is used for any marketing or promotional purposes, either inside or outside HutchCC. If the College learns that it has collected or received private information from a child without verification of parental consent, it will delete that information.

VI. Appropriate Use of Private Information

Private Information may be collected in a variety of ways, paper or electronic, including but not limited to, websites, surveys, email, information requests, databases, etc., as required to support official College activities.

Private Information collected, regardless of the method of collection or format, may be used only to carry out the authorized business of the College. The College shall make reasonable efforts to limit the Private Information it collects to only that information strictly relevant to accomplish a clearly defined institutional purpose.

Every division of the College is responsible for maintaining the necessary confidentiality, integrity, and availability of the Private Information it handles and for disclosing such information only with recipients officially authorized by the College. Every division is responsible for granting to assigned individuals within the division the reasonable, minimum access to Private Information needed to accomplish the necessary institutional purposes. All College employees are required to abide by state and federal laws and College policies, procedures and guidelines regarding the protection and handling of Private Information.

VII. Disclosure of Private Information

Private Information may be disclosed to external recipients only to the extent that is permitted or required by law and as authorized by the College. Disclosure must comply with applicable requirements regarding consent or authorization for disclosure. Additional College policies, procedures, and guidelines may also apply to specific types of information.

VIII. Security & Protection of Private Information

The College has implemented a number of security features to help prevent the unauthorized release of or access to personal information. Although HutchCC has endeavored to create a secure and reliable environment, the confidentiality of any communication or material transmitted to or from HutchCC cannot be guaranteed.

IX. External Websites

Some hyperlinks and banner advertisement may link to third-party websites. You should be aware that these third-party websites are not controlled by HutchCC and are not subject to this Privacy Policy. You should check the privacy policies of the third-party websites to learn how your Private Information will be collected and used.

X. User Rights

You have a number of rights under the GDPR. These include the rights of access, to be informed, to rectification, to erasure of private data (“to be forgotten”), to restrict processing, to data portability, to object, and rights in relation to automated decision making and profiling. You also have the right to withdraw consent to the use of your private data.

You may exercise these rights by contacting the HutchCC Privacy Officer.

XI. Changes to Policy

The College reserves the right to change this policy at any time by notifying visitors of the existence and location of the new or revised policy. Your continued use of this Site, following the posting of changes to these terms, will acknowledge your acceptance of such changes.

HUTCHINSON COMMUNITY COLLEGE EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION POLICY FOR ALL FACULTY, STUDENTS, EMPLOYEES, AND THIRD PARTIES (Hereinafter, “the Policy”)

1. Purpose

Hutchinson Community College is committed to providing an educational and employment environment that is free from Discrimination based on Protected Characteristics, Harassment, and Retaliation for engaging in protected activity.

The College values and upholds the equal dignity of all members of its community and strives to balance the rights of the Parties in the resolution process during what is often a difficult time for all involved.

To ensure compliance with federal, state, and local civil rights laws and regulations, and to affirm its commitment to promoting the goals of fairness in all aspects of the education program or activity, the College has developed policies and procedures that provide a prompt, fair, and impartial resolution of allegations of Protected Characteristic Discrimination, Harassment, or Retaliation.

1. Scope

The Policy applies to all Employees, Students, and other individuals participating in or attempting to participate in the College’s Education Program or Activities, including education and employment.

The Policy prohibits all forms of Discrimination on the basis of the Protected Characteristic(s), and may be applied to incidents, to patterns, and/or to the institutional culture/climate, all of which may be addressed in accordance with the Policy.

1. Notice of Nondiscrimination

The College adheres to all federal, state, and local laws, regulations, and ordinances prohibiting Discrimination in public post-secondary education institutions.

The College does not discriminate against any Employee, applicant for employment, Student, or applicant for admission on the basis of:

• Age (40 years and over in the employment context)
• Color
• Disability (physical or mental)
• Domestic violence victim status
• Ethnicity and ethnic characteristics
• Gender identity/expression
• Genetic information (including family medical history)
• Marital status
• National origin (including shared ancestry)
• Pregnancy or related conditions
• Religion
• Sex (including sex characteristics and sex stereotypes)
• Sexual orientation
• Veteran or military status (including disabled veteran, recently separated veteran, active-duty, wartime, or campaign badge veteran, and Armed Forces Service Medal veteran)
• or any other Protected Characteristic under applicable federal, state, or local law, including protections for those opposing Discrimination or participating in any resolution process within the institution, with the Equal Employment Opportunity Commission, and/or other human/civil rights agency

The Policy covers nondiscrimination in both employment and access to educational opportunities. Therefore, any member of the College community whose acts deny, deprive, or limit the educational or employment, residential, and/or social access, benefits, and/or opportunities of any member of the College community, guest, or visitor on the basis of that person’s actual or perceived Protected Characteristic(s) listed above, is in violation of the Policy.

The College will promptly and effectively address any such Discrimination of which it has Notice using the applicable resolution process in the Procedures.

1. Title IX Team Contacts

The College has appointed the Title IX Team, comprised of the following individual(s), to coordinate the College’s compliance with federal, state, and local civil rights laws and ordinances:

For Discrimination and Harassment allegations [not based on Sex]:
 

Bernadett Dillon
Coordinator of Title IX, Title VI and Compliance
Title IX and Title VI Office

1300 N. Plum
620-665-3512
dillonb@hutchcc.edu
www.hutchcc.edu
 

For Sex Discrimination and Sex-based Harassment allegations:

Bernadett Dillon
Coordinator of Title IX, Title VI and Compliance
Title IX and Title VI Office

1300 N. Plum
620-665-3512
dillonb@hutchcc.edu
www.hutchcc.edu

This individual is responsible for providing comprehensive nondiscrimination education and training; coordinating timely, thorough, and fair response; investigation and resolution of all alleged prohibited conduct under the Policy; and monitoring the effectiveness of, and any barriers to, accessing the Policy and related procedures to ensure an education and employment environment free from Discrimination, Harassment, and Retaliation.

The College recognizes that allegations under the Policy may include multiple forms of Discrimination and Harassment as well as violations of other College policies; may involve various combinations of Students, Employees, and other members of the College community; and may require the simultaneous attention of multiple College departments. Accordingly, all College departments will share information, combine efforts, and otherwise collaborate, to the maximum extent permitted by law and consistent with other applicable Hutchinson Community College policies, to provide uniform, consistent, efficient, and effective responses to alleged Discrimination, Harassment, or Retaliation.

1. External Contact Information

Concerns about the College’s application of the Policy and compliance with certain federal civil rights laws may be addressed to:

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Customer Service Hotline: (800) 421-3481

Facsimile: (202) 453-6012

TDD: (877) 521-2172

Email: OCR@ed.gov

Web: http://www.ed.gov/ocr
 

Office for Civil Rights (OCR)

Kansas City Office

One Petticoat Lane, 1010 Walnut Street, Suite 320

Kansas City, MO, 64106

Email: OCR.KansasCity@ed.gov

Fair Housing and Equal Opportunity (FHEO)

U.S. Department of Housing and Urban Development

Region 7 - Great Plains

400 State Avenue, Room 200

Kansas City, KS, 66101

Email: complaints_office_07@hud.gov

For allegations of Employee-on-Employee misconduct, contact the Equal Employment Opportunity Commission (EEOC).
 

EEOC Regional Office

Gateway Tower II, 400 State Avenue, Suite 905

Kansas City, KS, 66101

1. Mandated Reporting and Confidential Resources

All College Faculty and Employees (including Student-Employees), other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct to appropriate officials immediately, although there are some limited exceptions. Supportive measures may be offered as the result of such disclosures without formal College action.

Complainants may want to carefully consider whether they share personally identifiable details with Mandated Reporters, as those details must be shared with the Title IX Coordinator.

If a Complainant expects formal action in response to their allegations, reporting to any Mandated Reporter can connect them with resources to report alleged crimes and/or Policy violations, and these Employees will immediately pass reports to the Title IX Coordinator (and/or police, if desired by the Complainant or required by law), who will act when an incident is reported to them.

The following sections describe the available reporting options for a Complainant or third party (including parents/guardians when appropriate):

1. 1. Confidential Resources

To enable Complainants to access support and resources without filing a Formal Complaint, the College has designated specific Employees as Confidential Resources. Those designated by the College as Confidential Resources are not required to report actual or suspected Discrimination, Harassment, Retaliation, or Other Prohibited Conduct in a way that identifies the Parties. They will, however, offer options and resources without any obligation to inform an outside agency or College official unless a Complainant has requested the information be shared.

If a Complainant would like the details of an incident to be kept confidential, the Complainant may speak with the following:

• On-campus licensed professional counselors/therapists

Institutional therapists and/or the Employee Assistance Program are available to help free of charge and may be consulted on an emergency basis during normal business hours.

Failure of a Mandated Reporter, as described above, to report an incident of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct of which they become aware is a violation of the College policy and can be subject to disciplinary action for failure to comply/failure to report. This also includes situations when a Respondent is a Mandated Reporter. Such individuals are obligated to report their own misconduct, and failure to do so is a chargeable offense under the Policy.

A Mandated Reporter who is themselves a target of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct under the Policy is not required to report their own experience, though they are encouraged to do so.

In addition, Complainants may speak with individuals unaffiliated with The College without concern that Policy will require them to disclose information to the institution without permission. Such individuals include:

• Licensed professional counselors and other medical providers
• Local rape crisis counselors
• Domestic Violence resources
• Local or state assistance agencies
• Clergy/Chaplains
• Attorneys

1. Disability-Based Complaints

Complaints related to disability status and/or provision of accommodations are addressed using the procedures in the Equal Opportunity, Harassment, and Nondiscrimination policy. However, allegations of Discrimination or Harassment on the basis of an actual or perceived disability, including instances in which the provision of reasonable accommodations has a discriminatory effect, will be resolved under these procedures.

For details relating to disability accommodations, contact Accessibility Services.

For questions about ADA/504:

Lisa Jolliff
Director of Accessibility Services
Accessibility Services

1300 N. Plum
(620) 665-3554
jolliffl@hutchcc.edu
www.hutchcc.edu

1. Jurisdiction

The Policy applies to the College’s Education Program and Activities, to conduct that takes place on property owned or controlled by The College, at The College-sponsored events, and in any building owned or controlled by a The College-recognized student organization.[1]

The Policy may also apply to the effects of off-campus misconduct that limit or deny a person’s access to the College’s Education Program or Activities. The College may also extend jurisdiction to off-campus and/or to online conduct when the conduct affects a substantial College interest.

A substantial The College interest includes:
 

1. Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any federal, state, or local law.
2. Any situation in which it is determined that the Respondent poses an immediate threat to the physical health or safety of any Student, Employee, or other individual.
3. Any situation that significantly impinges upon the rights, property, or achievements of others, significantly breaches the peace, and causes social disorder.
4. Any situation that substantially interferes with the College’s educational interests or mission.

For disciplinary action to be issued under the Policy, the Respondent must be a Hutchinson Community College Student or Employee at the time of the Formal Complaint. If the Respondent is unknown or is not a member of the College community, the Title IX Coordinator will offer to assist the Complainant in identifying appropriate institutional and local resources and support options and will implement appropriate supportive measures and/or remedial actions (e.g., trespassing a person from campus). The College can also assist in contacting local or institutional law enforcement if the individual would like to file a police report about criminal conduct.

All vendors serving Hutchinson Community College through third-party contracts are subject to the policies and procedures of their employers.

When a party is participating in a dual enrollment program, Hutchinson Community College will coordinate with the party’s home institution to determine jurisdiction and coordinate providing supportive measures and responding to the Notice under the appropriate policy and procedures based on the allegations and identities of the Parties.

When the Respondent is enrolled in or employed by another institution, the Title IX Coordinator can assist the Complainant in contacting the appropriate individual at that institution, as it may be possible to pursue action under that institution’s policies.

Similarly, the Title IX Coordinator may be able to assist and support a Student or Employee Complainant who experiences Discrimination in an externship, study abroad program, or other environment external to The College where Sexual Harassment or nondiscrimination policies and procedures of the facilitating or host organization may give the Complainant recourse. If there are effects of that external conduct that impact a Student or Employee’s education or employment environment, those effects can often be addressed remedially by the Title IX Coordinator if brought to their attention.

1. Supportive Measures

The College will offer and implement appropriate and reasonable supportive measures to the Parties upon Notice of alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate and as reasonably available. They are offered, without fee or charge to the Parties, to restore or preserve access to The College’s Education Program or Activity, including measures designed to protect the safety of all Parties and/or The College’s educational environment and/or to deter Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

The Title IX Coordinator will promptly make supportive measures available to the Parties upon receiving Notice or a Formal Complaint. At the time that supportive measures are offered, if a Formal Complaint has not been filed, the College will inform the Complainant that they may file a Formal Complaint with the College either at that time or in the future. The Title IX Coordinator will work with a party to ensure that their wishes are considered with respect to any planned and implemented supportive measures.

The College will maintain the confidentiality of the supportive measures, provided that confidentiality does not impair the College’s ability to provide those supportive measures. The College will act to ensure as minimal an academic/occupational impact on the Parties as possible. The College will implement measures in a way that does not unreasonably burden another party.

These actions may include, but are not limited to:

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Policy modification and/or training
• Provision of transportation assistance
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, etc.
• Any other actions deemed appropriate by the Title IX Coordinator

Violations of no contact orders or other restrictions may be referred to appropriate Student or Employee conduct processes for enforcement or added as collateral misconduct allegations to an ongoing resolution process under the Policy.

1. Online Harassment and Misconduct

The College policies are written and interpreted broadly to include online manifestations of any of the prohibited behaviors below, when those behaviors occur in or have an effect on the College’s Education Program or Activities or when they involve the use of College networks, technology, or equipment.

Although the College may not control websites, social media, and other venues through which harassing communications are made, when such communications are reported to the College, it will engage in a variety of means to address and mitigate the effects.

Members of the community are encouraged to be good digital citizens and to refrain from online misconduct, such as feeding anonymous gossip sites; sharing inappropriate content via social media; unwelcome sexual or Sex-based messaging; distributing, or threatening to distribute, nude or semi-nude photos or recordings; breaches of privacy; or otherwise using the ease of transmission and/or anonymity of the Internet or other technology to harm another member of the College community.

Nothing in the Policy is intended to infringe upon or limit a person’s free speech rights. Any Student’s online postings or other electronic communications, including technology-facilitated Bullying, Stalking, Harassment, etc., occurring completely outside of the College’s control (e.g., not on The College networks, websites, or between College email accounts) will only be subject to the Policy when such online conduct can be shown to cause (or will likely cause) a substantial in-program disruption or infringement on/harm to the rights of others. Otherwise, such communications are considered speech protected by the First Amendment. Supportive measures for Complainants will be provided.

Employees’ off-campus harassing speech, whether online or in person, may be regulated by the College only when such speech is made in an Employee’s official or work-related capacity.

1. Gender Identity/Expression

The College strives to ensure that all individuals are safe, included, and respected in their education and employment environments, regardless of their gender identity or expression, including intersex, nonbinary, transgender, agender, and gender-diverse Students and Employees.

The College does not tolerate Discrimination and Harassment on the basis of gender identity or expression. If a member of the College community believes they have been subjected to Discrimination or Harassment under the Policy, they should follow the appropriate reporting process described.

The College uses a number of interventions to address concerns that are raised related to gender-based Discrimination or Harassment, including problem-solving, intervention, confrontation, investigation, and Policy enforcement. When conflicts arise between the rights of members of the community to be free from gender-identity discrimination and those exercising their right to religious freedom, the College will try to balance rights and interests to find mutually agreeable outcomes or compromises. When that is not possible, the College will offer remedial solutions or enforce its Policies while also respecting the rights of all members of its community.

1. Prohibited Conduct

Students and Employees are entitled to an education and employment environment that is free of Discrimination, Harassment, and Retaliation. The Policy is not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include germane, but controversial or sensitive, subject matters protected by academic freedom.

The sections below describe the specific forms of legally prohibited Discrimination, Harassment, and Retaliation that are also prohibited under the College policy. When speech or conduct is protected by academic freedom and/or the First Amendment, it will not be considered a violation of the College policy, though supportive measures will be offered to those impacted.

All offense definitions encompass actual and/or attempted offenses.

Any of the following offenses can be charged as or combined as pattern offenses, in which case the Notice of Investigation and Allegation (NOIA) will clearly indicate that both individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity between incidents where the proof of one could make it more likely that the other(s) occurred, and vice versa. Patterns may exist based on target selection, behavior similarity, or other factors. Where a pattern is found, it can be the basis to enhance sanctions accordingly.

Violation of any other the College policies may constitute Discrimination or Harassment when motivated by actual or perceived Protected Characteristic(s), and the result is a limitation or denial of Education or Employment access, benefits, or opportunities.

1. 1. Discrimination

Discrimination is different treatment with respect to a person’s employment or participation in an Education Program or Activity based, in whole or in part, upon the person’s actual or perceived Protected Characteristic(s). Discrimination also includes allegations of a failure to provide reasonable accommodations as required by law or policy, such as for disability, religion, or creed.

Discrimination can take two primary forms:

1. Disparate Treatment Discrimination:
   • Any intentional differential treatment of a person or persons that is based on a person’s actual or perceived Protected Characteristic and that:
     • Excludes a person from participation in;
     • Denies the person benefits of; or
     • Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.
        
2. Disparate Impact Discrimination:
   • Disparate impact occurs when policies or practices that appear to be neutral unintentionally result in a disproportionate impact on a protected group or person that:
     • Excludes a person from participation in;
     • Denies the person benefits of; or
     • Otherwise adversely affects a term or condition of a person’s participation in a College program or activity.

• 1. Discriminatory Harassment
• Unwelcome conduct on the basis of actual or perceived Protected Characteristic(s),
• based on the totality of the circumstances,
• that is subjectively and objectively offensive, and
• is so severe or pervasive,
• that it limits or denies a person’s ability to participate in or benefit from College’s program or activity

1. 1. Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC), and the State of Kansas regard Sexual Harassment, a specific form of Discriminatory Harassment, as an unlawful discriminatory practice.

Acts of Sexual Harassment may be committed by any person upon any other person, regardless of the Sex, sexual orientation, and/or gender identity of those involved.

The College has adopted the following definitions of Sexual Harassment in order to address the unique environment of an academic community. Two definitions are required by federal law. While they overlap, they are not identical, and they each apply as noted.

1. Title VII/FHA Sexual Harassment applies to situations where an Employee is subjected to workplace Sexual Harassment or where a situation involves a residential Complainant in College-provided housing.

• Unwelcome verbal, written, graphic, and/or physical conduct;
• that is severe or pervasive and objectively offensive;
• on the basis of Sex, that
• unreasonably interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities.

1. Title IX Sexual Harassment, as an umbrella category, includes the offenses of Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. This definition applies to all Formal Complaints that fall within Title IX jurisdiction as determined by the Title IX Coordinator. Sexual Harassment includes:

Conduct on the basis of Sex, or that is sexual in nature, that satisfies one or more of the following:

1. Quid Pro Quo:

• An Employee of the College,
• conditions[2] the provision of an aid, benefit, or service of the College,
• on an individual’s participation in unwelcome sexual conduct.

1. Sexual Harassment (Hostile Environment):

• Unwelcome conduct,
• determined by a Reasonable Person,
• to be so severe, and
• pervasive, and,
• objectively offensive,
• that it effectively denies a Complainant equal access to the College’s program or activity.[3]
   

1. Sexual Assault:

1. Rape:
   • • Penetration, no matter how slight,
     • of the vagina or anus of a person,
     • with any body part or object, OR
     • Oral penetration
       • of a sex organ of the Complainant, or
       • by the Respondent’s sex organ,
     • without the consent of the Complainant,
     • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.

1. Fondling:
   • • The touching of the private body parts (buttocks, groin, breasts) of the Complainant by the Respondent, or
     • the Respondent’s private body parts touching the Complainant, or
     • the Respondent causing the Complainant to touch the Respondent’s or their own private body parts,

1. • • for the purpose of sexual gratification,[4]
     • without the consent of the Complainant,
     • including instances where the Complainant is incapable of giving consent because of their age or because of a temporary or permanent mental or physical incapacity.
        
2. Incest:

• Sexual intercourse,
• between persons who are related to each other,
• within the degrees wherein marriage is prohibited by Kansas law.

1. Statutory Rape:

• Sexual intercourse,
• with a person who is under the statutory age of consent of 16 years old.
   

1. Dating Violence:

• Violence,[5]
• on the basis of Sex,
• committed by a Respondent,
• who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

• The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the 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

1. Domestic Violence:[6]

• Violence,[7]
• on the basis of Sex,
• committed by a Respondent who is a current or former spouse or intimate partner of the Complainant,
• by a person with whom the Complainant shares a child in common, or
• by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
• by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Kansas, or
• by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Kansas.

1. Stalking:

• A Respondent engaging in a course of conduct,
• on the basis of Sex,
• directed at the Complainant, that

• would cause a Reasonable Person to fear for the person’s safety, or the safety of others; or
• Suffer substantial emotional distress.

For the purposes of this definition—

• Course of conduct means two or more acts, including, but not limited to acts in which the Respondent 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

1. 1. Sexual Misconduct

1. Sexual Exploitation:

• Any person taking non-consensual or abusive sexual advantage of another, that does not constitute Sexual Harassment as defined above,
• for their own benefit or for the benefit of anyone other than the person being exploited.

Examples of Sexual Exploitation include, but are not limited to:

• Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
• Electronically distributing (e.g., Airdropping, Snapchatting) nude or sexual photos or videos of another person without their consent
• Invasion of sexual privacy (e.g., doxxing)
• Knowingly making an unwelcome disclosure of (or threatening to disclose) an individual's sexual orientation, gender identity, or gender expression
• Taking pictures, video, or audio recording of another person in a sexual act, or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity; or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
• Prostituting another person
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
• Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
• Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
• Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
• Knowingly soliciting a minor for sexual activity
• Engaging in Sex Trafficking
• Knowingly creating, possessing, or disseminating child sexual abuse images or recordings
• Creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent (i.e., Deepfakes)

1. 1. Other Prohibited Conduct (when motivated by the Complainant’s protected characteristic(s)/status)

1. Bullying:

• Repeated and/or severe aggressive behavior
• that is likely to intimidate or intentionally hurt, control, or physically or mentally diminish the Complainant,
• that is not speech or conduct that is otherwise protected by the First Amendment.
   

1. Endangerment:

• Threatening or causing physical harm;
• extreme verbal, emotional, or psychological abuse; or
• other conduct which threatens or endangers the health or safety of any person or damages their property.
   

1. Hazing:

• Any intentional, knowing or reckless act or action directed against a student by one person acting alone or by more than one person, occurring on or off the premises,
• which does or is likely to endanger the mental or physical health or safety of any person

• as it relates to a person’s initiation, admission into, or affiliation with any College group or organization.
   

For the purposes of this definition:

• It is not necessary that a person’s initiation or continued membership is contingent upon participation in the activity, or that the activity was sanctioned or approved by the student group or student organization, for an allegation of Hazing to be upheld
• It shall not constitute an excuse or defense to a Hazing allegation that the participants took part voluntarily, gave consent to the conduct, voluntarily assumed the risks or hardship of the activity, or that no injury was suffered or sustained
• The actions of alumni, active, new, and/or prospective members of a student group or student organization may be considered Hazing
• Hazing is also illegal under Kansas State Law as outlined by K.S.A. 21-5418 or any crime defined in chapter 21 article 54 of the Kansas Statutes Annotated, is provided below. Such a definition may differ from the definition used on campus to address policy violations
   

1. Retaliation

• The College or any member of the College community,
• taking or attempting to take materially adverse action,
• by intimidating, threatening, coercing, harassing, or discriminating against any individual,
• for the purpose of interfering with any right or privilege secured by law or Policy, or
• because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Policy and associated procedures.

The exercise of rights protected under the First Amendment does not constitute Retaliation. It is also not Retaliation for the College to pursue disciplinary action against those who make materially false statements in bad faith in the course of a resolution process under the Policy. However, the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.

1. Failure to Comply/Process Interference

• Intentional failure to comply with the reasonable directives of the Title IX Coordinator in the performance of their official duties, including with the terms of a no contact order
• Intentional failure to comply with emergency removal or interim suspension terms
• Intentional failure to comply with sanctions
• Intentional failure to adhere to the terms of an Informal Resolution agreement
• Intentional failure to comply with mandated reporting duties as defined in the Policy
• Intentional interference with a resolution process, including, but not limited to:
  • Destroying or concealing evidence

• Seeking or encouraging false testimony or providing false testimony or evidence
• Intimidating or bribing a witness or party

1. 1. Sanction Ranges

The following sanction ranges apply to Prohibited Conduct under this policy. Sanctions can be assigned outside of the specified ranges based on aggravating or mitigating circumstances, or the Respondent’s cumulative disciplinary record.

• Discrimination: reprimand/warning through expulsion or termination
• Discriminatory Harassment: reprimand/warning through expulsion or termination
• Title VII/FHA Sexual Harassment: reprimand/warning through expulsion or termination
• Quid Pro Quo Harassment: reprimand/warning through expulsion or termination
• Sexual Harassment (Hostile Environment): reprimand/warning through expulsion or termination
• Rape: suspension through expulsion or termination
• Fondling: reprimand/warning through suspension (termination for Employees)
• Incest: reprimand/warning through restrictions/probation
• Statutory Rape: reprimand/warning through suspension (termination for Employees)
• Stalking: restrictions/probation through expulsion or termination
• Dating/Domestic Violence: restrictions/probation through expulsion or termination
• Sexual Exploitation: reprimand/warning through expulsion or termination
• Bullying: reprimand/warning through expulsion or termination
• Endangerment: reprimand/warning through expulsion or termination
• Hazing: reprimand/warning through expulsion or termination
• Retaliation: reprimand/warning through expulsion or termination
• Failure to Comply/Process Interference: reprimand/warning through expulsion or termination

1. 1. Consent, Force, and Incapacitation

As used in the Policy, the following definitions and understandings apply:

1. Consent:

• knowing, and
• voluntary, and
• clear permission
• by word or action
• to engage in sexual activity.[8]

Individuals may perceive and experience the same interaction in different ways. Therefore, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual activity. Consent is evaluated from the perspective of what a Reasonable Person would conclude are mutually understandable words or actions. Reasonable reciprocation can be implied consent. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonably immediate time.

Silence or the absence of resistance alone should not be interpreted as consent. Although resistance is not required or necessary, it is a clear demonstration of non-consent.

Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent. If an individual expresses conditions on their willingness to consent (e.g., use of a condom) or limitations on the scope of their consent, those conditions and limitations must be respected. If a sexual partner shares the clear expectation for the use of a condom, or to avoid internal ejaculation, and those expectations are not honored, the failure to use a condom, removing a condom, or internal ejaculation can be considered acts of Sexual Assault.

Proof of consent or non-consent is not a burden placed on any party involved in a Formal Complaint. Instead, the burden remains on the College to determine whether its Policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a Reasonable Person in the same or similar circumstances, including the context in which the alleged misconduct occurred and any similar and previous patterns that may be evidenced.

Going beyond the boundaries of consent is prohibited. Thus, unless a sexual partner has consented to slapping, hitting, hair pulling, strangulation, or other physical roughness during otherwise consensual sexual activity, those acts may constitute Dating Violence or Sexual Assault.[9]

1. Force:

Force is the use of physical violence and/or physical imposition to gain sexual access. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced.

Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent (e.g., “Have sex with me or I’ll hit you,” which elicits the response, “Okay, don’t hit me. I’ll do what you want.”).

Coercion is unreasonable pressure for sexual activity. Coercive conduct, if sufficiently severe, can render a person’s consent ineffective, because it is not voluntary. When someone makes clear that they do not want to engage in sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion is evaluated based on the frequency, intensity, isolation, and duration of the pressure involved.

1. Incapacitation:

Incapacitation is a state where a person is incapable of giving consent. An incapacitated person cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, and how” of their sexual interaction).

A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including as a result of alcohol or other drug consumption.

This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating substances.

Incapacitation is determined through consideration of all relevant indicators of a person’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.

If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of the Policy. “Should have known” is an objective, Reasonable Person standard that assumes that a Reasonable Person is both sober and exercising sound judgment.

1. 1. Unethical Relationships Policy (See Appendix D)

1. Standard of Evidence

The College uses the preponderance of the evidence standard when determining whether a Policy violation occurred. This means that the College will decide whether it is more likely than not, based upon the available information at the time of the decision, that the Respondent violated the Policy.

1. Notice/Complaints of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct

A report provides the College Notice of an allegation or concern about Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. A Formal Complaint informs The College that the Complainant would like to initiate an investigation or other appropriate resolution procedures. A Complainant or individual may initially make a report and may decide at a later time to make a Formal Complaint. Reports or Formal Complaints of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct may be made using any of the following:

1. File a report or Formal Complaint with, or give verbal Notice to, the Title IX Coordinator or to any member of the Title IX Team. Such a report or Formal Complaint may be made at any time (including during non-business hours) by using the telephone number or email address, or by mail, to the office of the Title IX Coordinator or any other Title IX Team member listed in the Policy.
    

As used in the Policy, the term “Formal Complaint” means a document or electronic submission (such as by electronic mail or through an online portal provided by the College for this purpose) that contains the Complainant’s physical or digital signature or otherwise indicates that the Complainant is the person filing the complaint, and requests that The College investigate the allegations. If Notice is submitted in a format that does not meet this standard, the Title IX Coordinator will contact the Complainant to determine whether the Complainant is requesting that the College initiate an investigation or other appropriate resolution procedures.[10]

Reporting carries no obligation to file a Formal Complaint, and in most situations, the College is able to respect a Complainant’s request to not initiate an investigation or other appropriate resolution procedures. However, there may be circumstances, such as pattern behavior, allegations of severe misconduct, or a compelling threat to health and/or safety, where The College may need to initiate an investigation or other appropriate resolution procedures. If a Complainant does not wish to file a Formal Complaint, The College will maintain the privacy of information to the extent possible. The Complainant should not fear a loss of privacy by submitting a report that allows The College to discuss and/or provide supportive measures, in most circumstances.

1. Time Limits on Reporting

There is no time limitation on providing Notice/Formal Complaints to the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

Acting on Notice/Formal Complaints significantly impacted by the passage of time (including, but not limited to, the rescission or revision of Policy) is at the Title IX Coordinator’s discretion; they may document allegations for future reference, offer supportive measures and/or remedies, and/or engage in informal or formal action, as appropriate.

1. False Allegations and Evidence

Deliberately false and/or malicious accusations under the Policy are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a Policy violation determination. False allegations may be a form of Harassment or Retaliation or may fall within other The College policies.

Witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation, hearing, or Informal Resolution can be subject to discipline under appropriate College policies.

1. Confidentiality/Privacy

The College makes every effort to preserve the Parties’ privacy. The College will not share the identity of any individual who has made a report of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Complainant; any individual who has been reported to be the perpetrator of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX), the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation or resolution proceeding arising under these policies and procedures.[11],[12]

Further, Parties and Advisors are expected to maintain the confidentiality of all information created by or shared with them by the College during any investigation and/or resolution process. Parties are entitled to share their own accounts and experiences but are encouraged to consider the sensitivity of the matter if they do so and should consult with their Advisors on any potential implications of doing so.

Additional information regarding confidentiality and privacy can be found in Appendix C.

1. Emergency Removal/Interim Actions/Leaves

The College can act to remove a Student Respondent accused of Title IX Sexual Harassment from its Education Program or Activities, partially or entirely, on an emergency basis when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any Student or other individual justifies removal. This risk analysis is performed by the Title IX Coordinator and may be done in conjunction with the Behavioral Intervention Team using its standard objective violence risk assessment procedures. Students accused of other forms of Discrimination, Harassment, or Other Prohibited Conduct (not Sex-based) are subject to interim suspension, which can be imposed for safety reasons.

Employees are subject to existing procedures for interim actions and leaves.

1. Federal Timely Warning Obligations

The College must issue timely warnings for reported incidents that pose a serious or continuing threat of bodily harm or danger to members of the College community.

The College will ensure that a Complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions considering the potential danger.

1. Amnesty

The College community encourages the reporting of misconduct and crimes by Complainants and witnesses. Sometimes, Complainants or witnesses are hesitant to report alleged misconduct to College officials or participate in resolution processes because they fear that they themselves may be in violation of certain policies, such as underage drinking or use of illicit drugs at the time of the incident. Respondents may hesitate to be forthcoming during the process for the same reasons.

It is in the best interests of the College community that Complainants choose to report misconduct to College officials, that witnesses come forward to share what they know, and that all Parties be forthcoming during the process.

To encourage reporting and participation in the process, the College offers Parties and witnesses amnesty from minor policy violations, such as underage alcohol consumption or the use of illicit drugs, related to the incident. Granting amnesty is a discretionary decision made by The College, and amnesty does not apply to more serious allegations, such as physical abuse of another or illicit drug distribution.

1. 1. Students

The College also maintains an amnesty policy for Students in addition to witnesses who offer help to others in need.

1. 1. Employees

Sometimes, Employees are hesitant to report Discrimination, Harassment, Retaliation, or Other Prohibited Conduct they have experienced for fear that they may get in trouble themselves. The College may, at its discretion, offer Employee Complainants amnesty from such policy violations (typically more minor policy violations) related to the incident.

1. Preservation of Evidence

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining/protective orders and is particularly time sensitive. The College will inform the Complainant of the importance of preserving evidence by taking actions such as the following:

Sexual Assault

• Seek forensic medical assistance at the nearest hospital, ideally within 120 hours of the incident (sooner is better)
• Avoid urinating, showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do
• If oral sexual contact took place, refrain from smoking, eating, drinking, or brushing teeth
• If clothes are changed, place soiled clothes in a paper bag (plastic destroys evidence) or secure evidence container (if provided by law enforcement)
• Seeking medical treatment can be essential even if it is not for the purpose of collecting forensic evidence

Stalking/Dating Violence/Domestic Violence/Sex-Based Harassment

• Evidence in the form of text and voice messages will be lost in most cases if a party or witness changes their phone number
  • Make a secondary recording of any voice messages and/or save the audio files to a cloud server
  • Take screenshots and/or a video recording of any text messages or other electronic messages (e.g., Instagram, Snapchat, Facebook)
• Save copies of e-mail and social media correspondence, including notifications related to account access alerts
• Take time-stamped photographs of any physical evidence including notes, gifts, etc. in place when possible
• Save copies of any messages, to include those showing any request for no further contact
• Obtain copies of call logs showing the specific phone number being used rather than a saved contact name if possible
• If changing devices, make sure to transfer any files needed to the new device

During the initial meeting between the Complainant and the Title IX Coordinator, the importance of taking these actions will be discussed, if timely.

1. Federal Statistical Reporting Obligations

Certain institutional officials (those deemed Campus Security Authorities) have a duty to report the following for federal statistical reporting purposes (Clery Act):

1. All “primary crimes,” which include criminal homicide, Sexual Assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson
2. Hate crimes, which include any bias-motivated primary crime as well as any bias-motivated larceny or theft, simple assault, intimidation, or destruction/damage/vandalism of property
3. Violence Against Women Act (VAWA-based crimes), which include Sexual Assault, Domestic Violence, Dating Violence, and Stalking[13]
4. Arrests and referrals for disciplinary action for weapons law violations, liquor law violations, and drug law violations

All personally identifiable information is kept private, but statistical information regarding the type of incident and its general location (on or off campus or in the surrounding area, but no addresses are given) must be shared with the Title IX Coordinator for publication in the Annual Security Report and daily campus crime log. Campus Security Authorities include Advisors to Student Organizations, Athletic Directors, Campus Law Enforcement/Public Safety/Security, Coaches, Human Resources Staff, Residence Life Staff, Student Activities staff, Student Affairs Staff, Student Conduct Staff, and any other official with significant responsibility for student and campus activities.
 

1. Independence and Conflict of Interest

The Title IX Coordinator manages the Title IX Team and acts with independence and authority, free from bias and conflicts of interest. The Title IX Coordinator oversees all Resolutions under the Policy and associated procedures. The members of the Title IX Grievance Panel are vetted and trained to ensure they are not biased for or against any party in a specific Formal Complaint, or for or against Complainants and/or Respondents, generally.

To raise any concern involving bias, conflict of interest, misconduct, or Discrimination by the Title IX Coordinator, contact the College. Concerns of bias, misconduct, Discrimination, or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator.

1. Policy Revision

The Policy and associated procedures succeed all previous policies addressing Discrimination, Harassment, sexual misconduct, and/or Retaliation, for incidents occurring on or after August 14, 2020. The Title IX Coordinator regularly reviews and updates the Policy and procedures. Incidents occurring before August 14, 2020, will be addressed using the policy that was in place at the time of the incident, but the procedures used will be those in place at the time of the Formal Complaint. The College reserves the right to make changes to this document as necessary, and those changes are effective once they are posted online.

If laws or regulations change or court decisions alter policy or procedural requirements in a way that impacts this document, this document will be construed to comply with the most recent laws, regulations, or court holdings.

This document does not create legally enforceable protections beyond the protections of the background federal and state laws that frame such policies and codes, generally.

A change required by a court or government order could occur during an active investigation or resolution process. If that happens, The College reserves the right to adjust the Policy and Procedures accordingly and notify the Parties of any necessary mid-process changes. This could include entirely replacing the Policy or associated procedures, which could necessitate restarting an investigation or resolution process. The College will make every effort to minimize the impact on the Parties as much as possible if changes are unavoidable.

The Policy is effective.

APPENDIX A: DEFINITIONS[14]

The following definitions apply to the Equal Opportunity, Harassment, and Nondiscrimination Policies and Procedures:
 

• Advisor. Any person chosen by a party, or appointed by the institution, who may accompany the party to all meetings related to a resolution process, advises the party on that process, and conducts questioning for the party at the hearing, if any.
• Appeal Decision-maker. The person or panel who accepts or rejects a submitted appeal request determines whether any of the appeal grounds are met and directs responsive action(s) accordingly.
• Complainant. An individual who has allegedly been subjected to conduct that could constitute Discrimination, Harassment, Retaliation, or Other Prohibited Conduct under the Policy.
• Confidential Resource. An Employee who is not a Mandated Reporter of Notice of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct under the Policy (irrespective of Clery Act Campus Security Authority status).
• Day. A business day when The College is in normal operation. All references to days in the Policy refer to business days unless specifically noted.
• Decision-makers. The panel who reviews evidence, determines relevance, and makes the Final Determination of whether the alleged conduct has violated the Policy and/or assigns sanctions.
• Decision-maker Chair. A non-voting panel member, who will run the hearing.
• Directly Related Evidence. Evidence connected to the allegations, but which is neither inculpatory (tending to prove a violation) nor exculpatory (tending to disprove a violation) and which cannot be relied upon by the Decision-maker. Compare to Relevant Evidence below.
• Education Program or Activity. Locations, events, or circumstances where The College exercises substantial control over both the Respondent and the context in which Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct occurs. Also includes any building owned or controlled by a student organization that The College officially recognizes.
• Employee. A person, including Faculty, employed by The College, either full- or part-time, including Student-Employees when acting within the scope of their employment.
• Faculty. Any member of The College community who is responsible for academic activities, teaching, research, or the academic evaluation of Students.
• Final Determination. A conclusion by the standard of evidence that the alleged conduct did or did not violate the Policy.
• Finding. A conclusion by the standard of proof that the conduct did or did not occur as alleged (as in a “finding of fact”).
• Formal Complaint. A document submitted or signed by a Complainant or signed by the Title IX Coordinator alleging a Respondent engaged in Discrimination, Harassment, Retaliation, and/or Prohibited Conduct under the Policy and requesting that The College investigate the allegation(s).
• Formal Grievance Process. “Process A,” The College’s method of formal resolution to address Title IX Sexual Harassment allegations, which complies with the requirements of the Title IX regulations (34 C.F.R. § 106.45) and the Violence Against Women Act amendments to the Clery Act (34 C.F.R. § 668).
• Informal Resolution. A Resolution the Parties agree to and the Title IX Coordinator approves, which occurs prior to a Final Determination.
• Investigation Report. The Investigator’s written summary of all Relevant Evidence gathered during the investigation. Versions include the Draft Investigation Report and the Final Investigation Report.
• Investigator. The person(s) The College authorizes to gather facts about an alleged violation of the Policy, assess relevance and credibility, synthesize the evidence, and compile this information into an Investigation Report of Relevant Evidence and a file of Directly Related Evidence.
• Mandated Reporter. A Hutchinson Community College Employee who is obligated by Policy to share knowledge, Notice, and/or reports of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct with the Title IX Coordinator.[15]
   
• Notice. When an Employee, Student, or third party informs the Title IX Coordinator or other Official with Authority of the alleged occurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.
• Official with Authority (OWA). A Hutchinson Community College Employee who has responsibility to implement responsive measures for Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on The College’s behalf. The College OWAs.
• Parties. The collective term for the Complainant(s) and Respondent(s) involved in a complaint.
• Pregnancy or Related Conditions. Pregnancy, childbirth, termination of pregnancy , or lactation, medical conditions related thereto, or recovery therefrom.
• Process A. The Formal Grievance Process detailed in the procedures and defined above.
• Protected Characteristic. Any characteristic for which a person is afforded protection against Discrimination and Harassment by law or The College policy.
• Reasonable Person. A reasonable person under similar circumstances and with similar identities to the Complainant.
• Relevant Evidence. Evidence that tends to prove or disprove any element of an offense or any issue materials to resolving a complaint.
• Remedies. Typically, post-Resolution actions directed to the Complainant and/or the community as mechanisms to address safety, prevent recurrence, and restore access to The College’s Education Program or Activity.
• Respondent. A person who is alleged to have engaged in conduct that could constitute Discrimination based on a protected characteristic, Harassment, or Retaliation for engaging in a protected activity under the Policy, or Other Prohibited Conduct.
• Resolution. The result of an Informal Resolution, a Formal Grievance Process.
• Sanction. A consequence imposed on a Respondent who is found to have violated the Policy.
• Sex. Birth Sex (under Title IX). Outside Title IX, Sex can include gender identity, gender expression, sexual orientation, sex characteristics, and sex stereotypes.
• Student. Any individual who has accepted an offer of admission, or who is registered for or enrolled in for-credit or non-credit-bearing coursework, and who maintains an ongoing educational relationship with The College.
• Title IX Coordinator. The person with primary responsibility for overseeing and enforcing the Equal Opportunity, Harassment, and Nondiscrimination Policy and Procedures. As used throughout the Policy and procedures, the “Title IX Coordinator” also includes their designee(s).
• Title IX Team refers to the Title IX Coordinator and any member of the Title IX Grievance Panel.

HUTCHINSON COMMUNITY COLLEGE PROCEDURES FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION POLICY FOR ALL FACULTY, STUDENTS, EMPLOYEES, AND THIRD PARTIES

1. Overview

Hutchinson Community College will act on any Notice/Formal Complaint of violation of the Equal Opportunity, Harassment, and Nondiscrimination Policy (“the Policy”) that the Title IX Coordinator or any other Official with Authority receives by applying the procedures below, known as “Process A.”

Unionized/other categorized Employees are subject to the terms of their agreements/Employees’ rights to the extent those agreements do not conflict with federal or state compliance obligations.

1. Notice/Complaint

Upon receipt of Notice or a Formal Complaint of an alleged Policy violation, the Title IX Coordinator will initiate a prompt initial assessment to determine the College’s next steps. The Title IX Coordinator will contact the Complainant to offer supportive measures, provide information regarding resolution options, and determine how they wish to proceed.

1. Collateral Misconduct

Collateral misconduct includes potential violations of other Hutchinson Community College policies that occur in conjunction with alleged violations of the Policy, or that arise through the course of the investigation, for which it makes sense to provide one resolution for all allegations. Thus, the collateral allegations may be charged along with potential violations of the Policy, to be resolved jointly under these Procedures. In such circumstances, the Title IX Coordinator may consult with College officials who typically oversee such conduct (e.g., human resources, student conduct, academic affairs) to solicit their input as needed on what charges should be filed, but the exercise of collateral charges under these procedures is within the Title IX Coordinator’s discretion. All other allegations of misconduct unrelated to incidents covered by the Policy will typically be addressed separately through procedures described in the Student, Faculty, and Employee handbooks.

FORMAL GRIEVANCE PROCESS FOR ALLEGED VIOLATIONS OF THE EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION POLICY

1. Initial Assessment

The Title IX Coordinator conducts an initial assessment, typically within five (5) business days of receiving Notice or a Formal Complaint.[16] The initial assessment typically includes:

• Assessing whether the reported conduct may reasonably constitute a Policy violation.
• Determining whether the College has jurisdiction over the reported conduct.
• Offering and coordinating supportive measures for the Parties.
• Notifying the Complainant, or the person who reported the allegation(s), of the available resolution options.
• Determining whether the Complainant wishes to file a Formal Complaint.
• Notifying the Respondent of the available resolution options if a Formal Complaint is made.
   

Helping a Complainant Understand Resolution Options

If the Complainant indicates they wish to file a Formal Complaint, the Title IX Coordinator will work with the Complainant to determine which resolution option they prefer. The Title IX Coordinator will seek to abide by the Complaint’s wishes but may have to take another approach depending upon their assessment of the situation.

If the Formal Grievance Process is pursued, the Title IX Coordinator will initiate an investigation. If any party indicates that they want to pursue an Informal Resolution option, the Title IX Coordinator will refer the matter to the appropriate individuals(s) if the Title IX Coordinator determines Informal Resolution is available and the other Parties consent to participate. Informal Resolution cannot be used to resolve a Formal Complaint of Title IX Sexual Harassment involving an Employee Respondent and a Student Complainant.[17]

If the Complainant does not want any action taken, the Title IX Coordinator will consider that request. Typically, allegations of Student-on-Student and Employee-on-Employee misconduct will not prompt the Formal Grievance Process unless deemed necessary by the Title IX Coordinator, though the Complainant can elect to pursue the formal process in the future. The Title IX Coordinator may need to refer allegations of Employee-on-Student misconduct to the Formal Grievance Process regardless of the Complainant’s wishes, depending on the nature of the allegations.

The Title IX Coordinator may consider elements such as patterns of behavior, predation, threats, violence, use of weapons, or involvement of minors in determining whether to sign a Formal Complaint.

Title IX Coordinator Authority to Initiate a Complaint

The Title IX Coordinator has ultimate discretion as to whether a Formal Complaint is made and may consult with appropriate Hutchinson Community College Employees, and/or conduct a violence risk assessment to aid their determination whether to sign a Formal Complaint on behalf of the Complainant.

If a Complainant is not participating or attempting to participate in a College’s Education Program or Activity at the time of making a Formal Complaint, they can request that the Title IX Coordinator sign a Formal Complaint. When the Title IX Coordinator signs a Formal Complaint, they do not become the Complainant. The Complainant is the person who experienced the alleged misconduct. If the Title IX Coordinator declines to sign a Formal Complaint, alternative processes may be available and can be explored with the Title IX Coordinator.

1. Dismissal (Mandatory and Discretionary)[18]

The College must dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing, it is determined that:

1. The conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment as defined above, even if proven
2. The Sex-based conduct did not occur in the College’s Education Program or Activity (including buildings or property controlled by recognized student organizations) and/or The College does not have control of the Respondent
3. The Sex-based conduct did not occur against a person in the United States
4. The Complainant alleging Sex-based conduct is not participating in or attempting to participate in the College’s Education Program or Activity at the time of filing the Formal Complaint, and based on the available information, the Title IX Coordinator has determined that they do not need to sign a Formal Complaint on behalf of the College[19]

The College may dismiss a Formal Complaint or any allegations therein if, at any time during the investigation or hearing:

1. A Complainant notifies the Title IX Coordinator in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein
2. The Respondent is no longer enrolled in or employed by the College
3. Specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein

A Complainant who decides to withdraw a Formal Complaint may later request to reinstate it or refile it.

Upon any dismissal, the College will promptly and simultaneously send the Parties written notice of the dismissal and the rationale for doing so.

This dismissal decision is appealable by any party. The decision not to dismiss is also appealable by any party claiming that a dismissal is required or appropriate.

When the Title IX Coordinator has signed a Formal Complaint and later determines that the basis for signing is no longer compelling, the Title IX Coordinator may rescind the Formal Complaint and notify the Parties accordingly. This is not a dismissal, and there is no opportunity to appeal because the Complainant may still file a Formal Complaint if they wish to, in most circumstances.

1. Appeal of Dismissal

The Parties may appeal a decision to dismiss or not to dismiss their Formal Complaint. All dismissal appeal requests must be filed within three (3) business days of the notification of the dismissal decision.

A dismissal may be appealed on the following grounds:

1. A procedural irregularity affected the outcome of the matter
2. New evidence that was not reasonably available at the time the determination regarding dismissal was made, that could affect the outcome of the matter
3. The Title IX Coordinator, Investigator(s), or Decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter

The appeal should specify at least one of the grounds above and provide any reasons or supporting evidence for why the ground is met. Upon receipt of a written dismissal appeal request from one or more Parties, the Title IX Coordinator will share the request and supporting documentation with all other Parties and provide three (3) business days for other Parties and the Title IX Coordinator to respond to the request. At the conclusion of the response period, the Title IX Coordinator will forward the request, as well as any response provided by the other Parties and/or the Title IX Coordinator to the Dismissal Appeal Decision-maker Chair for consideration.

If the appeal request does not provide information that meets the grounds in the Policy, the Dismissal Appeal Decision-maker Chair will deny the request, and the Parties, their Advisors, and the Title IX Coordinator will be notified in writing of the denial and the rationale.

If any of the asserted grounds in the appeal satisfy the grounds described in the Policy, then the Dismissal Appeal Decision-maker Chair will notify all Parties and their Advisors, and the Title IX Coordinator of their decision and rationale in writing. The effect will be to reinstate the Complaint.

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Dismissal Appeal Decision-maker Chair has seven (7) business days to review and decide on the appeal, though extensions can be granted at the Title IX Coordinator’s discretion, and the Parties will be notified of any extension.

Appeal decisions are deferential to the original determination, making changes only if there is a compelling justification to do so.

The Dismissal Appeal Decision-maker Chair may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

1. Emergency Removal/Interim Suspension of a Student

The College may emergency remove a Student accused of Title IX Sexual Harassment upon receipt of a Formal Complaint or at any time during the Formal Grievance Process. Prior to an emergency removal, the College will conduct an individualized risk assessment and may remove the Student if that assessment determines that an immediate threat to the physical health or safety of any Student or other individual justifies removal. Students accused of other forms of Discrimination, Harassment, Retaliation, or Other Prohibited Conduct (not Sex-based) are subject to interim suspension, which can be imposed for safety reasons.

When an emergency removal or interim suspension is imposed, wholly or partially, the affected Student will be notified of the action, which will include a written rationale, and the option to challenge the emergency removal or interim suspension within two (2) business days of the notification. Upon receipt of a challenge, the Title IX Coordinator will meet with the Student (and their Advisor, if desired) as soon as reasonably possible thereafter to allow them to show cause why the removal/action should not be implemented or should be modified.

This meeting is not a hearing on the merits of the allegation(s), but rather is an administrative process intended to determine solely whether the emergency removal or interim suspension is appropriate, should be modified, or should be lifted. When this meeting is not requested within two (2) business days, objections to the emergency removal or interim suspension will be deemed waived. A Student can later request a meeting to show why they are no longer an immediate threat because conditions related to the threat have changed. A Complainant and their Advisor may be permitted to participate in this meeting if the Title IX Coordinator determines it is equitable for them to do so.

The Respondent may provide information, including expert reports, witness statements, communications, or other documentation for consideration prior to or during the meeting. When applicable, a Complainant may provide information to the Title IX Coordinator for review.

An emergency removal or interim suspension may be affirmed, modified, or lifted as a result of a requested review or as new information becomes available. The Title IX Coordinator will communicate the final decision in writing, typically within three (3) business days of the review meeting.

1. Placing Employees on Leave

When the Respondent is an Employee, or a Student-Employee accused of misconduct in the course of their employment, existing provisions for interim action are typically applicable instead of the above emergency removal process.
 

1. Counter-Complaints

The College is obligated to ensure that the Formal Grievance Process is not abused for retaliatory purposes. Although the College permits the filing of counter-complaints, the Title IX Coordinator will use an initial assessment, described above, to assess whether the allegations in the counter-complaint are made in good faith. When counter-complaints are not made in good faith, they will not be permitted. They will be considered potentially retaliatory and may constitute a Policy violation. Counter-complaints determined to have been reported in good faith will be processed using the Formal Grievance Process. At the Title IX Coordinator’s discretion, investigation of such claims may take place after resolution of the underlying initial Formal Complaint.

1. Advisors in the Formal Grievance Process

The Parties may each have an Advisor of their choice present with them for all meetings, interviews, and hearings within the Formal Grievance Process, if they so choose.

Choosing an Advisor who is also a witness in the process creates potential for bias and conflict of interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Decision-maker.

1. 1. Who Can Serve as an Advisor

The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews, and hearings within the resolution process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.[20] Parties have the right to choose not to have an Advisor in the initial stages of the Formal Grievance Process, prior to a hearing.

The Title IX Coordinator will offer to assign a trained Advisor to any party. If the Parties choose an Advisor from The College’s Title IX Grievance Panel, the College will have trained the Advisor and familiarized them with the College’s Formal Grievance Process.

The College cannot guarantee equal advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not, or cannot afford an attorney, The College is not obligated to provide an attorney to advise that party. However, all institutionally appointed Advisors will be provided with similar training.  

If the Parties choose an Advisor from outside the Title IX Grievance Panel, the Advisor may not have been trained by the College and may not be familiar with the College policies and procedures.

A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.

The College may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.

As a public entity, the College fully respects and accords the Weingarten rights of Employees, meaning that for Parties who are entitled to union representation, the College will allow the unionized Employee to have their union representative (if requested by the party) as well as an Advisor of their choice present for all Formal Grievance Process meetings and interviews. To uphold the principles of fairness, the other party (regardless of union membership) will also be permitted to have two Advisors. Witnesses are permitted to have union representation or Advisors in resolution process interviews or meetings.

1. 1. Advisor’s Role in the Formal Grievance Process

Advisors should help the Parties to prepare for each meeting or hearing and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.

The Parties are expected to respond to questions on their own behalf throughout the Formal Grievance Process. Although the Advisor generally may not speak on behalf of their advisee, except for conducting cross-examination during a hearing, the Advisor may consult with their advisee, either privately as needed, or by conferring or passing notes during any Resolution Process meeting or interview. For longer or more involved discussions, the Parties and their Advisors should ask for breaks to allow for private consultation.

The Title IX Regulations require a form of indirect questioning during the hearing, which must be conducted by the Parties’ Advisors. The Parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any questioning of the Parties and witnesses.

1. 1. Records Shared with Advisors

Advisors are entitled to the same opportunity as their advisee to receive copies of the Draft and Final Investigation Reports, as well as the Directly Related Evidence File. Parties will be asked to sign releases for the College to share materials with an Advisor.

Advisors are expected to maintain the confidentiality of the records the College shares with them. The College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s confidentiality expectations.

1. 1. Advisor Expectations

The College generally expects an Advisor to adjust their schedule to allow them to attend College meetings/interviews/hearings when planned, but the College may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.

The College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies as may be convenient and available.

All Advisors are subject to the same College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by the College. Advisors are expected to advise without disrupting proceedings.

1. 1. Advisor Policy Violations

Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with the College’s established rules of decorum will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including the College requiring the party to use a different Advisor or providing a different College-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.

1. Resolution Options Overview

The Formal Grievance Process is the College’s primary resolution approach unless all Parties and the College agree to an Informal Resolution. The process considers the Parties’ preferences but is ultimately determined at the Title IX Coordinator’s discretion.

Resolution proceedings are private. All persons present at any time during a resolution process are expected to maintain the privacy of the proceedings in accordance with the Policy.

There is an expectation of privacy around what Investigators share with Parties during interviews and for any materials the institution shares with the Parties during the resolution process. The Parties have discretion to share their own knowledge and evidence with others if they choose, except for information the Parties agree not to disclose as part of an Informal Resolution. The College encourages Parties to discuss any sharing of information with their Advisors before doing so.

1. 1. Informal Resolution

To initiate Informal Resolution, a Complainant or Respondent may make such a request to the Title IX Coordinator at any time prior to a Final Determination or the Title IX Coordinator may offer the option to the Parties. The College will obtain voluntary, written confirmation that all Parties wish to resolve the matter through Informal Resolution before proceeding and will not pressure the Parties to participate in Informal Resolution. To engage in Informal Resolution, a Complaint must first submit a Formal Complaint.

Three approaches to Informal Resolution are detailed in this section.

1. Supportive Resolution. When the Title IX Coordinator can resolve the matter informally by providing supportive measures (only) designed to remedy the situation. Supportive Resolution involves only the party who opts for it
    
2. Accepted Responsibility. When the Respondent accepts responsibility for violating Policy and accepts the recommended Sanction(s), and the Complainant(s) and Title IX Coordinator are agreeable to the Resolution terms

1. Alternative Resolution. When the Parties agree to resolve the matter through an alternative Resolution mechanism (which could include, but is not limited to, mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc.), as described below
    

It is not necessary to pursue Informal Resolution first in order to pursue a Formal Grievance Process. Any party participating in Informal Resolution can withdraw from the Informal Resolution process at any time and initiate or resume the Formal Grievance Process.

The Parties may agree, as a condition of engaging in Informal Resolution, on what statements made or evidence shared during the Informal Resolution process will not be considered in the Formal Grievance Process should Informal Resolution not be successful.

If an investigation is already underway, the Title IX Coordinator has discretion to determine if the investigation will be paused, if it will be limited, or if it will continue during the Informal Resolution process.

Prior to engaging in Informal Resolution, the College will provide the Parties with written notice of the reported misconduct and any sanctions (only in the case of Accepted Responsibility) or measures that may result from participating in such a process, including information regarding any records that the College will maintain and under which circumstances they may be released.

Informal Resolution Approaches

1. 1. 1. 1. Supportive Resolution

Most commonly offered once a Formal Complaint is filed (whereas supportive measures, as described in Section 9 of the Policy, are offered in response to Notice). The Title IX Coordinator will meet with the Complainant to determine reasonable supports that are designed to restore or preserve the Complainant’s access to the College’s Education Program and Activity. Such supports can be modified as the Complainant’s needs evolve over time or circumstances change. If the Respondent has received the NOIA, the Title IX Coordinator may also provide reasonable supports for the Respondent as deemed appropriate. This option is available when the Complainant does not want to engage the other resolution options and the Title IX Coordinator does not believe there is a need to sign a Formal Complaint. At the discretion of the Title IX Coordinator, this resolution option can result in an agreement between the Complainant and the College that does not require assent from any other party, as long as it does not unduly burden any other party or function punitively with respect to them.

1. 1. 1. 1. Accepted Responsibility

The Respondent may accept responsibility for any or all of the alleged Policy violations at any point during the Formal Grievance Process. If the Respondent indicates an intent to accept responsibility for all alleged Policy violations, the ongoing process will be paused, and the Title IX Coordinator will determine whether Informal Resolution is an option.

If Informal Resolution is available, the Title IX Coordinator will determine whether all Parties and The College are able to agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies. If so, the Title IX Coordinator implements the accepted Finding that the Respondent is in violation of the College Policy, implements agreed-upon restrictions and remedies, and determines any other appropriate responses in coordination with other appropriate administrator(s), as necessary.

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Formal Grievance Process will either begin or resume.

When a resolution is reached, the appropriate sanction(s) or responsive actions are promptly implemented to effectively stop the discrimination or harassment, prevent its recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community.

1. 1. 1. 1. Alternative Resolution

The institution offers a variety of alternative resolution mechanisms to best meet the specific needs of the Parties and the nature of the allegations. Alternative resolution may involve agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction between the Parties; indirect action by the Title IX Coordinator or other appropriate College officials; and other forms of resolution that can be tailored to the needs of the Parties. Some alternative resolution mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. All Parties must consent to the use of an alternative resolution approach, and the Parties may, but are not required to, have direct or indirect contact during an alternative resolution process.

The Title IX Coordinator has the authority to determine whether alternative resolution is available or successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement.

Parties do not have the authority to stipulate restrictions or obligations for individuals or groups that are not involved in the alternative resolution process. The Title IX Coordinator will determine whether additional individual or community remedies are necessary to meet the institution’s compliance obligations in addition to the alternative resolution.

The Title IX Coordinator maintains records of any resolution that is reached and will provide notification to the Parties of what information is maintained. Failure to abide by the resolution agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the agreement and resumption of the Formal Grievance Process, referral to the conduct process for failure to comply, application of the enforcement terms of the agreement). Where the failure to abide by the Informal Resolution agreement terms results in a failure to remedy a Policy violation, the Title IX Coordinator must consider whether to dissolve the agreement and reinstate the Formal Grievance Process to remedy the impact as required by law. The results of Formal Complaints resolved by alternative resolution are not appealable.

If an Informal Resolution option is not available or selected, the College will initiate or continue an investigation and subsequent Formal Grievance Process to determine whether the Policy has been violated.

1. 1. Formal Grievance Process (begins at Section 10 below)

1. Title IX Grievance Panel

The College relies on a pool of individuals (“the Resolution Process”) to carry out the resolution options.

1. 1. Resolution Process Member Roles

The Title IX Grievance Panel can serve in any of the following roles at the Title IX Coordinator’s discretion:

• Appropriate intake of and initial guidance pertaining to Formal Complaints
• Perform or assist with initial assessment
• Advisor to Parties
• Informal Resolution Facilitator
• Investigator
• Decision-makers
• Decision-maker Chair
• Appeal of Dismissal Decision-maker
• Appeal Decision-maker
   
  1. Resolution Process Member Appointment

The Title IX Coordinator, in consultation with senior administrators as necessary, appoints the Title IX Grievance Panel, which acts with independence and impartiality. Although members of the Title IX Grievance Panel are typically trained in a variety of skill sets and can rotate amongst the different roles listed above in different Formal Complaints, The College can also designate permanent roles for individuals in the Title IX Grievance Panel.

1. 1. Resolution Process Member Training (See training materials posted online)

1. Notice of Investigation and Allegations (NOIA)

The Title IX Coordinator will provide the Parties written Notice of the Investigation and Allegations (the “NOIA”) upon commencement of the Formal Grievance Process. Amendments and updates to the NOIA may be made as the investigation progresses and more information becomes available. For climate/culture investigations that do not have an identifiable Respondent, the NOIA will be sent to the department/office/program head for the area/program being investigated.

The NOIA will include:

• A meaningful summary of all allegations
• The names of the involved Parties (if known)
• The precise misconduct being alleged
• The date and location of the alleged incident(s) (if known)
• The specific policies/offenses implicated
• A description of, link to, or copy of the applicable procedures
• A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a Final Determination that the Policy has been violated
• The name(s) of the Investigator(s), along with a process to notify the Title IX Coordinator of any conflict of interest that the Investigator(s) may have in advance of the interview process
• A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all Relevant and Directly Related Evidence obtained
• A statement of the potential sanctions/responsive actions that could result
• A statement about the College’s policy on Retaliation
• Information about process confidentiality
• Information on the need for each party to have an Advisor of their choosing and suggestions for ways to identify an Advisor
• A statement informing the Parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Formal Grievance Process
• Information about how a party may request disability accommodations or other support assistance during the Formal Grievance Process
• A link to the College’s VAWA Brochure
• An instruction to preserve any evidence that is directly related to the allegations
• A statement that Parties who are members of a union are entitled to union representation throughout the process

Notification will be made in writing and may be delivered by one or more of the following methods: in person or emailed to the Parties’ College-issued email or other approved accounts. Once emailed and/or received in-person, notice is presumptively delivered.

1. Resolution Timeline

The College will make a good faith effort to complete the Formal Grievance Process within ninety (90) business days, including any appeals, which the Title IX Coordinator can extend as necessary for appropriate cause. The Parties will receive regular updates on the progress of the Formal Grievance Process, as well as notification and a rationale for any extensions or delays, and an estimate of how much additional time will be needed to complete the process.

Investigations are completed expeditiously, normally within sixty (60) business days, though some investigations may take longer, depending on the nature, extent, and complexity of the allegations, witness availability, law enforcement involvement, and other factors.

The College may undertake a short delay in its investigation (several days to a few weeks) if circumstances require. Such circumstances include, but are not limited to, a request from law enforcement to temporarily delay the investigation, the need for language assistance, the absence of Parties and/or witnesses, and/or health conditions. The College will promptly resume its Formal Grievance Process as soon as feasible. During such a delay, the College will implement and maintain supportive measures for the Parties as deemed appropriate.

The College action(s) or processes are not typically altered or precluded on the grounds that civil or criminal charges involving the underlying incident(s) have been filed or that criminal charges have been dismissed or reduced.

The College will make a good faith effort to complete the Formal Grievance Process as promptly as circumstances permit and will regularly communicate with the Parties to update them on the progress and timing of the process.

1. Ensuring Impartiality

No individual materially involved in the administration of the Formal Grievance Process, including the Title IX Coordinator, Investigator(s), and Decision-maker(s), may have or demonstrate a conflict of interest or bias for a party generally, or for a specific Complainant or Respondent.

The Title IX Coordinator will vet the assigned Investigator(s), Decision-maker Chairs, Decision-maker Panel members and Appeal Decision-maker(s) for impartiality by ensuring there are no actual or apparent conflicts of interest or disqualifying biases. The Parties may raise a concern regarding bias or conflict of interest at any time during the Formal Grievance Process, and the Title IX Coordinator will determine whether the concern is reasonable and supportable. If so, another Title IX Grievance Panel member, or other trained individual, will be assigned, and the impact of the bias or conflict, if any, will be remedied. If the source of the conflict of interest or bias is the Title IX Coordinator, concerns should be raised with the President.

The Formal Grievance Process involves an objective evaluation of all Relevant Evidence obtained, including evidence that supports that the Respondent violated the Policy and evidence that supports that the Respondent did not violate the Policy. Credibility determinations may not be based solely on an individual’s status or participation as a Complainant, Respondent, or witness. All Parties have a full and fair opportunity, through the investigation process, to suggest witnesses and questions, to provide evidence, and to receive a written Investigation Report that accurately summarizes this evidence.

1. Witness Role and Participation in the Investigation

Witnesses who are College Employees are strongly encouraged to cooperate with and participate in the College’s investigation and Formal Grievance Process. Student witnesses and witnesses from outside the College community are encouraged to cooperate with the College investigations and to share what they know about a Formal Complaint.

Interviews may be conducted in person, via online video platforms (e.g., Zoom, Microsoft Teams). The College will take appropriate steps to ensure the security/privacy of remote interviews.

Parties and witnesses may also provide written statements in lieu of interviews or choose to respond to written questions, if deemed appropriate by the Investigator(s), though not preferred.

1. Interview Recording

It is standard practice for Investigators to create a record of all interviews pertaining to the Formal Grievance Process, by recording, transcript, or written summary. The Parties may review copies of their own interviews upon request. No unauthorized audio or video recording of any kind is permitted during investigation meetings.

All interviews are recorded, and all involved persons should be made aware of the audio and/or video recording. The recording and/or transcript of those meetings will be provided to the Parties for their review, after which the Parties may suggest additional questions to be asked of another party or witness or additional witnesses. Those subsequent meetings or interviews are also recorded and/or transcribed.

1. Evidentiary Considerations

The Investigators, Decision-makers will only consider Relevant or Directly Related Evidence.

Neither the investigation nor the hearing will consider:

1. Questions or evidence about the Complainant’s sexual predisposition[21]
2. Questions or evidence about the Complainant’s prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the alleged conduct, or if the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent[22]
3. Questions or evidence about a party or witness’s records that are made or maintained by a physician, psychologist, or psychiatrist unless the party or witness provides voluntary, written consent for the records to be considered

Within the boundaries stated above, the investigation and the hearing can consider character evidence, if offered, but that evidence is unlikely to be relevant unless it is fact evidence or relates to a pattern of conduct.

Previous disciplinary action of any kind involving the Respondent may not be considered unless there is an allegation of a pattern of misconduct. Such information may also be considered in determining an appropriate sanction upon a determination of responsibility. Barring a pattern allegation, this information is only considered at the sanction stage of the process and is not shared until then.

1. Investigation

All investigations are thorough, reliable, impartial, prompt, and fair. They involve interviewing all available, relevant Parties and witnesses, obtaining Relevant Evidence, and identifying sources of expert information, as necessary.

After an interview, Parties and witnesses will be asked to verify the accuracy of the recording, transcript, or summary of their interview. They may submit changes, edits, or clarifications. If the Parties or witnesses do not respond within the time period designated for verification, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted.

The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondent(s), when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions.

Investigations involve the following:

• Determining the names of and contacting all involved Parties and potential witnesses to participate in an investigation interview
• Identifying issues and developing a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses
• Providing written notification of the date, time, and location of all investigation meetings, including the expected participants and purpose
• Conducting any necessary follow-up interviews with Parties or witnesses
• Providing the Parties and witnesses an opportunity to verify the accuracy of either a summary or transcript of their interview(s)
• Soliciting the names of suggested witnesses and questions each party wishes to have asked of another party or witness
• Writing a Draft Investigation Report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation and party and witness interviews, and provides all Relevant Evidence
• Compiling a Directly Related Evidence File
• Providing the Parties and their respective Advisors an electronic or hard copy of the Draft Investigation Report as well as an opportunity to inspect and review all of the evidence obtained as part of the investigation that is directly related to the reported misconduct, including evidence upon which The College does not intend to rely in reaching a determination, for a ten (10)-business-day review and comment period so that each party may meaningfully respond to the evidence. The Parties may elect to waive the full ten (10) days
• Incorporating any new, Relevant Evidence and information obtained through the Parties’ review of the Draft Investigation Report and any follow-up meetings into the Final Investigation Report
• Responding in writing (typically within the Final Investigation Report) to the relevant elements of the Parties’ responses to the Draft Investigation Report
• Sharing the Final Investigation Report with the Title IX Coordinator for their review and feedback
• Providing the Title IX Coordinator with the Final Investigation Report and Directly Related Evidence File

1. Referral for Hearing

Provided that the Formal Complaint is not resolved through Informal Resolution, once the Final Investigation Report is shared with the Parties, the Title IX Coordinator will refer the matter for a hearing.

The hearing cannot be held less than ten (10) business days from the conclusion of the investigation – when the Final Investigation Report is transmitted to the Parties and the Decision-maker Chair– unless all Parties and the Decision-maker Chair agree to an expedited timeline.

The Title IX Coordinator will select appropriate Decision-makers, Decision-maker Chair from the Title IX Grievance Panel and provide a copy of the Final Investigation Report and the file of Directly Related Evidence.

1. Hearing Decision-makers

The Decision-makers will not have had any previous involvement with the Formal Complaint. The Title IX Coordinator may elect to have an alternate from the Title IX Grievance Panel sit in throughout the hearing process if a substitute is needed for any reason.

Those who have served as Investigators will be witnesses in the hearing and therefore may not serve as Decision-makers. Those who are serving as Advisors for any party may not serve as Decision-makers in that matter.

The Title IX Coordinator may not serve as a Decision-maker Chair in the matter but may serve as an administrative facilitator of the hearing if their previous role(s) in the matter do not create a conflict of interest. Otherwise, a designer may fulfill the facilitator role. The hearing will convene at a time and venue determined by the Title IX Coordinator.

1. Live Hearing Requirements

The following provisions apply to a live hearing:

• Hearing Venue Options and Recordings. The live hearing may occur in person or via video technology. The Decision-makers and Parties must be able to simultaneously see and hear a party or witness while that person is speaking. Both options are considered fair and equitable. Alternative arrangements may also be made at the Title IX Coordinator’s discretion.
  • The Parties may make a request to the Title IX Coordinator that the hearing be held in person or via video technology, but they must do so at least five (5) business days prior to the hearing. The Title IX Coordinator retains discretion to determine whether the hearing will occur in person or via video technology.
  • All hearings will be recorded, and Parties may request a copy of the recording from the Title IX Coordinator following the live hearing.
  • No unauthorized recordings are permitted.

• Scheduling. Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to the Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term, including during the summer, as needed, to meet the College’s resolution timeline and ensure a prompt resolution. Employees, including Parties and witnesses, who do not have 12-month contracts are still expected to participate in Formal Grievance Processes that occur during months between contracts.
• Hearing Participants. Persons who may be present for a hearing include the Decision-makers, Decision-maker Chair, Investigator(s), the Parties and their Advisors, anyone providing authorized accommodations, interpretation, and/or assistive services, and anyone else deemed necessary by the Decision-makers. Witnesses are present only during their portion of the testimony, only when needed.
• Advisors. The Parties may have the assistance of an Advisor of their choice at the hearing or can request that the College appoint a trained Advisor for them. Appointed Advisors are not attorneys. If a party wishes to have an attorney as their Advisor, they must locate and pay for that attorney themselves.
  • During the pre-hearing meeting and live hearing, Parties may only be accompanied by their Advisor. No other persons (e.g., additional support persons, advisors, friends, family) may accompany, attend, or listen in on the hearing unless explicitly authorized by the Title IX Coordinator, with each party being provided the same opportunity.
  • Parties and Advisors are permitted to have their phones and a laptop or tablet, but these should only be used during the hearing in a matter consistent with the Policy.
  • During the hearing, all questions that a party wishes to ask must be posed by the Advisor, not the Parties.
  • If the party does not have an Advisor, the Title IX Coordinator will provide the party with an Advisor for the purpose of Advisor-conducted questioning.
• Impact Statements. Each party may submit an impact and/or mitigation statement to the Title IX Coordinator that the Decision-maker(s) will review during any sanction determination.
  • Upon receipt of an impact and/or mitigation statement, the Title IX Coordinator will review the impact/mitigation statement to determine whether any immediate needs exist.
  • The Title IX Coordinator will only provide the impact statements to the Decision-maker Chair if the Decision-makers determine that the Policy has been violated. When the Title IX Coordinator shares the impact statements with the Decision-makers, they will also be shared with the Parties.
• Disability Accommodations and Other Assistance. Parties should contact the Title IX Coordinator at least three (3) business days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible.
• Conflicts of Interest or Bias. The Decision-makers and Decision-maker Chair must not have a bias for or against Complainants or Respondents generally or the individual Complainant or Respondent involved in the Formal Complaint.
  • The Decision-makers/Decision-maker Chair must recuse themselves if such bias or conflict of interest exists.
  • If the Decision-makers/Decision-maker Chair believes there is possible conflict of interest or bias, they will consult with the Title IX Coordinator about possible recusal or removal.
  • The Parties may raise challenges that the Decision-makers/Decision-maker Chair is biased or has a conflict of interest. The Parties must raise challenges with the Title IX Coordinator within two (2) business days of receiving the hearing notice.
  • The Title IX Coordinator will only remove and replace a Decision-makers/Decision-maker Chair in situations of demonstrated bias or conflicts of interest. Perceptions of bias or conflict are not sufficient to cause removal.
  • If a Decision-makers/Decision-maker Chair recuses themselves as the result of a conflict of interest or bias, or is removed, the Title IX Coordinator will promptly appoint a new Decision-maker/Decision-maker Chair who does not have a conflict of interest or bias and notify the Parties accordingly.
• Evidence Provided to the Decision-makers, Decision-maker Chair and Parties.
  • The Decision-makers will be provided electronic copies of the Final Investigation Report and all relevant but not impermissible evidence, including the names of all Parties, witnesses, and Advisors, at least ten (10) business days in advance of the hearing.
  • The Parties will be provided with electronic copies of all the materials provided to the Decision-makers and Decision-maker Chair as part of the hearing notice, unless those materials have already been provided.[23]

1. Hearing Notice

The Title IX Coordinator will send the Parties a notice of hearing letter no less than ten (10) business days prior to the hearing. Once emailed and/or received in-person, notice is presumptively delivered. The notice includes:

• • A description of the alleged violation(s), a list of all policies allegedly violated, a description of the applicable hearing procedures, and a statement of the potential sanctions/responsive actions that could result
  • The time, date, and location of the hearing
  • A description of any technology that will be used to facilitate the hearing
  • Relevant information regarding hearing logistics, pre-hearing meetings, the Final Investigation Report, the Parties and witnesses participating in the hearing, the identity of the Decision-maker, details related to questioning, the role of Advisors, impact/mitigation statements, and how to request disability accommodations or other assistance

1. Witness Participation

Witnesses are encouraged to participate in, and make themselves reasonably available for, the hearing. They may participate in-person or via video technology that allows the Decision-makers and the Parties to see and hear the witness while that person is speaking. Witnesses are not permitted to be accompanied by an Advisor without the Title IX Coordinator’s express permission unless collective bargaining rights permit witnesses to have Advisors.

The Title IX Coordinator will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony.

If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Title IX Coordinator may reschedule the hearing.

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless:
 

• • All Parties and the Decision-makers assent to the new witness’s participation in the hearing without remanding the Formal Complaint back to the Investigator,
  • The Decision-makers deem the evidence presented by the new witness to be relevant and not information already established in the record, and
  • The witness’s late involvement was not the result of bad faith by the witness, the Parties, or others.

If the above criteria are not met, but the witness’s evidence is deemed relevant and not duplicative, the Decision-makers may, at their discretion, engage in any of the following actions:
 

• • Delay the hearing
  • Provide the Parties with at least five (5) business days to review the relevant portions of the new witness’s statements, if such statements are submitted
  • Remand the Formal Complaint back to the Investigator for further investigation or verification
  • Allow the Parties to review and comment on the testimony of the new witness[24]

If the evidence is deemed not relevant, the Decision-makers may proceed with the hearing absent the new witness’s participation.

1. Hearing Procedures

1. 1. Evidentiary Considerations

The Parties must provide all evidence to the Investigator(s) prior to completion of the Final Investigation Report. Evidence offered after that time will be evaluated by the Decision-makers and Decision-maker Chair for relevance. If deemed relevant, the Parties and the Decision-makers and Decision-maker Chair must agree to admit it into the record. If the evidence is deemed not relevant, the Decision-maker Chair may proceed with the hearing absent the new evidence.

The new Relevant Evidence will be admitted to the record if:

• • All Parties and the Decision-makers and Decision-maker Chair agree to the new evidence being included in the hearing without remanding the Formal Complaint back to the Investigator,
  • The evidence is not duplicative of evidence already in the record, and
  • The new evidence was either not reasonably available prior to the conclusion of the Final Investigation Report, or the failure to provide it in a timely manner was not the result of bad faith by the Parties, witnesses, or others.

If the above criteria are not met, but the evidence is deemed materially relevant and not duplicative, the Decision-maker Chair may, at their discretion, engage in any of the following actions:
 

• • Delay the hearing
  • Provide the Parties with at least five (5) business days to review the relevant evidence
  • Remand the Formal Complaint back to the Investigator for further investigation or analysis
  • Allow the Parties time to review and comment on the new evidence

If the evidence is deemed not relevant, the Decision-makers and Decision-maker Chair may proceed with the hearing without allowing the new evidence.

1. 1. Collateral Misconduct

The Decision-makers have the authority to hear and make determinations on all allegations of Discrimination, Harassment, Retaliation, and Other Prohibited Conduct under the Policy and may also hear and make determinations on any additional alleged collateral misconduct that occurred in concert with the Discrimination, Harassment, Retaliation, or Other Prohibited Conduct, even though those collateral allegations may not specifically fall within the Policy.

1. 1. Joint Hearings

In Complaints involving more than one Respondent and/or involving more than one Complainant accusing the same person of substantially similar conduct, the default procedure will be to hear the allegations jointly.

However, the Title IX Coordinator may permit the investigation and/or hearings pertinent to each Respondent or Formal Complaint to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent and/or for each Formal Complaint with respect to each alleged policy violation.

1. 1. Introductions and Hearing Procedure Explanation

The Decision-maker Chair will:
 

• Explain the hearing procedures
• Introduce the participants
• Answer any procedural questions prior to and as they arise throughout the hearing

1. 1. Investigator Presentation of Final Investigation Report

The Investigator(s) will present a summary of the Final Investigation Report, including a review of the facts that are contested and those that are not. The Investigator may be questioned first by the Decision-makers and then by the Parties. The Investigator may attend the duration of the hearing or be excused after their testimony at the Decision-maker’s discretion.

1. 1. Testimony and Questioning

The Parties and witnesses may provide relevant information in turn, beginning with the Complainant’s opening statement, then the Respondent’s, and then questioning in the order determined by the Decision-maker. The Decision-maker Chair will facilitate questioning of the Parties and witnesses first by the Decision-maker Chair and then by the Parties through their Advisors.

All questions are subject to the Decision-makers’ relevance determination. The Advisor will pose the proposed question orally, electronically, or in writing (orally is the default, but other means of submission may be permitted). The proceeding will pause to allow the Decision-maker Chair to consider the question (and state it if it has not already been stated aloud), and the Decision-maker Chair will determine whether the question will be permitted, disallowed, or rephrased. The Decision-maker Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance.

The Decision-maker Chair will limit or disallow questions they deem not appropriate on the basis that they are irrelevant, unduly repetitious (and thus irrelevant), seek or pertain to impermissible evidence, or are abusive and have the final say on all questions and relevance determinations. The Decision-maker Chair may consult with legal counsel on any admissibility questions.

If the Parties raise an issue of bias or conflict of interest of an Investigator, the Decision-makers or Decision-maker Chair at the hearing, the Decision-maker Chair may elect to address those issues, consult with legal counsel, refer them to the Title IX Coordinator, and/or preserve them for appeal. If bias is not an issue at the hearing, the Decision-maker Chair should not permit irrelevant questions that probe for Investigator bias.

1. 1. Refusal to Submit to Questioning and Inferences

Any party or witness may choose not to offer evidence and/or answer questions at the hearing, either because they do not attend the hearing, or because they attend but refuse to participate in some or all questioning. The Decision-makers can only rely on the available Relevant Evidence in making a Final Determination. The Decision-makers may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer any or all questions. Typically, after brief opening statements, the order of questioning will be questions from the Decision-makers, questions from the party’s own Advisor, then questions from the other Parties’ Advisors. The same order will be used for questioning of witnesses, who do not typically make opening statements. The Parties then make brief closing statements, and then the hearing transitions into closed session for deliberation.

An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared.

1. 1. Hearing Recordings

The College records hearings (but not deliberations) for purposes of review in the event of an appeal. No unauthorized audio or video recording of any kind is permitted during the hearing.

The Decision-makers, Decision-maker Chair, the Parties, their Advisors, Appeal Decision-makers, and other appropriate College officials will be permitted to review the recording or review a transcript of the recording upon request to the Title IX Coordinator. No unauthorized disclosure, including sharing, copying, or distribution of the recording or transcript, is permitted.

1. Deliberation and Determination

After closing statements from the Parties, the Decision-makers and Decision-maker Chair will deliberate in closed session to determine whether the Respondent is responsible for the alleged Policy violation(s) based on the standard of evidence. If a panel is used, a simple majority vote is required to determine the Finding. Deliberations are not recorded.

When there is a Finding of responsibility on one or more of the allegations, the Decision-makers may then consider the previously submitted party impact and/or mitigation statement(s) in determining appropriate sanction(s). The Title IX Coordinator will ensure that each of the Parties has an opportunity to review any submitted impact and/or mitigation statement(s) once they are submitted.

The Decision-makers will also review any pertinent conduct history provided and will determine the appropriate Sanction(s).

The Decision-maker Chair will then prepare a written statement detailing all Findings and Final Determinations, the rationale(s) explaining the decision(s), the evidence used in support of the determination(s), the evidence not relied upon in the determination(s), any credibility assessments, and any sanction(s) and rationales explaining the sanction(s) and will deliver the statement to the Title IX Coordinator.

This statement must be submitted to the Title IX Coordinator within five (5) business days of the end of deliberations unless the Title IX Coordinator grants an extension. If an extension is granted, the Title IX Coordinator will notify the Parties.

1. Notice of Outcome

The Title IX Coordinator will provide the Parties with a written outcome notification within ten (10) business days of the conclusion of the Formal Grievance Process. The outcome notification will specify the Finding for each alleged Policy violation, any sanction(s) that may result, which The College is permitted to share pursuant to federal or state law, and a detailed rationale, written by the Decision-maker Chair, supporting the Findings to the extent the College is permitted to share under federal or state law.

The notification will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and when the determination is considered final if no party appeals.

The Title IX Coordinator will provide the Parties with the outcome notification simultaneously, or without significant time delay between notifications. The written outcome notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official The College records, or emailed to the Parties’ The College-issued or other approved email account. Once emailed and/or received in person, the outcome notification is presumptively delivered.

1. Rights of the Parties (See Appendix B)

1. Sanctions

Factors the Decision-makers may consider when determining sanctions and responsive actions include, but are not limited to:

• The nature, severity of, and circumstances surrounding the violation(s)
• The Respondent’s disciplinary history
• The need for sanctions/responsive actions to bring an end to the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
• The need for sanctions/responsive actions to prevent the future recurrence of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct
• The need to remedy the effects of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct on the Complainant and the community
• The impact on the Parties
• The Respondent’s acknowledgement of responsibility or contrition
• Any other information deemed relevant by the Decision-makers

The sanctions will be implemented as soon as is feasible once a Determination is final, either upon the outcome of any appeal or the expiration of the window to appeal, without an appeal being requested.

The sanctions described in the Procedures are not exclusive of, and may be in addition to, other actions taken, or sanctions imposed, by external authorities.

1. 1. Student Sanctions

The following are the common Sanctions that may be imposed upon Students singly or in combination:

• Reprimand: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions
• Required Counseling: A mandate to meet with and engage in either The College-sponsored or external counseling to better comprehend the misconduct and its effects
• Restrictions: A Student may be restricted in their activities, including, but not limited to, being restricted from locations, programs, participation in certain activities or extracurriculars, study abroad, or holding leadership roles in student organizations
• Probation: An official sanction for violation of College policy, providing for more severe disciplinary sanctions if the Student is found in violation of any The College policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social privileges, exclusion from co-curricular activities, exclusion from designated areas of campus, no-contact orders, and/or other measures deemed appropriate
• Suspension: Separation from the College, or one or more of its facilities, for a defined period of time, typically not to exceed two (2) years, after which the Student is eligible to return. Eligibility may be contingent upon satisfaction of specific conditions noted at the time of suspension, on successfully applying for readmission, or upon a general condition that the Student is eligible to return if the College determines it is appropriate to re-enroll/readmit the Student. The Student is typically required to vacate College property within 24 hours of notification of the action, though this deadline may be extended at the discretion of the Title IX Coordinator or other appropriate official. During a College-wide suspension, the Student is banned from College property, functions, events, and activities unless they receive prior written approval from an appropriate College official. This sanction may be enforced with a trespass action, as necessary
• Expulsion: Permanent separation from the College. The Student is banned from College property, and the Student’s presence at any College-sponsored activity or event is prohibited. This action may be enforced with a trespass action, as necessary
• Withholding Diploma: The College may withhold a Student’s diploma for a specified period of time and/or deny a Student participation in commencement activities as a sanction if the Student is found responsible for violating the Policy
• Revocation of Degree: While very rarely exercised, the College reserves the right to revoke a degree previously awarded by the College for fraud, misrepresentation, and/or other violation of College policies, procedures, or directives in obtaining the degree, or for other serious violations committed by a Student prior to graduation
• Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate

1. 1. Student Organization Sanctions

The following are the common sanctions that may be imposed upon student groups organizations singly or in combination:

• Warning: A formal statement that the conduct was unacceptable and a warning that further violation of any College policy, procedure, or directive will result in more severe sanctions/responsive actions
• Probation: An official sanction for violation of College policy, providing for more severe disciplinary sanctions if the group or organization is found in violation of any College policy, procedure, or directive within a specified period of time. Terms of the probation will be articulated and may include denial of specified social and event privileges, denial of College funds, ineligibility for honors and awards, restrictions on new member recruitment, no-contact orders, and/or other measures deemed appropriate
• Suspension: Termination of student group or organization recognition and/or College support for a defined period of time not to exceed two (2) years and/or until specific criteria are met. During the suspension period, a student group or organization may not conduct any formal or informal business or participate in the College-related activities, whether they occur on or off campus. Re-recognition is possible but not guaranteed and will only be considered after the end of the suspension period and based on meeting all re-recognition criteria and obtaining clearance from the College
• Expulsion: Permanent termination of student group or organization recognition and revocation of the privilege to congregate and conduct business on campus as an organization for any reason
• Loss of Privileges: Restricted from accessing specific College privileges for a specified period of time
• Other Actions: In addition to, or in place of, the above sanctions, the College may assign any other sanctions as deemed appropriate

1. 1. Employee Sanctions/Responsive/Corrective Actions

Responsive actions for an Employee who has engaged in Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct include:

• Verbal or Written Warning
• Performance Improvement Plan/Management Process
• Enhanced Supervision, Observation, or Review
• Required Counseling
• Required Training or Education
• Probation
• Denial of Pay Increase/Pay Grade
• Loss of Oversight or Supervisory Responsibility
• Demotion
• Transfer
• Shift or schedule adjustments
• Reassignment
• Delay of (or referral for delay of) Tenure Track Progress
• Assignment to a New Supervisor
• Restriction of Stipends, Research, and/or Professional Development Resources
• Suspension/Administrative Leave with Pay
• Suspension/Administrative Leave without Pay
• Termination
• Other Actions: In addition to, or in place of, the above sanctions/responsive actions, The College may assign any other responsive actions as deemed appropriate

1. Withdrawal or Resignation Before Complaint Resolution

1. 1. Students

Should a Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If a Student Respondent withdraws from the College, the Formal Grievance Process typically ends with a dismissal, as the College has lost primary disciplinary jurisdiction over the withdrawn Student. However, the College may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

When a Student withdraws or takes a leave of absence while the process is pending, the Student may not return to the College in any capacity until the Formal Complaint is resolved and any sanctions imposed are satisfied. If the Student indicates they will not return, the Title IX Coordinator has discretion to dismiss the Formal Complaint and bar the Student from returning. The Registrar, Office of Admissions, and HR may be notified accordingly.

If the Student Respondent takes a leave of absence for a specified period of time (e.g., one semester or term), the Formal Grievance Process may continue remotely. If found in violation, that Student is not permitted to return to The College unless and until all sanctions, if any, have been satisfied.

1. 1. Employees

Should an Employee Respondent decide not to participate in the Formal Grievance Process, the process proceeds absent their participation to a reasonable resolution. If an Employee Respondent leaves their employment with the College with unresolved allegations pending, the Formal Grievance Process typically ends with dismissal, as the College has lost primary disciplinary jurisdiction over the former Employee. However, the College may continue the Formal Grievance Process when, at the discretion of the Title IX Coordinator, doing so may be necessary to address safety and/or remedy any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

Regardless of whether the Formal Complaint is dismissed or pursued to completion of the Formal Grievance Process, the College will continue to address and remedy any systemic issues or concerns that may have contributed to the alleged violation(s), and any ongoing effects of the alleged Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct.

When an Employee resigns and the Formal Complaint is dismissed, the Employee may not return to the College in any capacity. The Registrar, Office of Admissions, and HR will be notified accordingly. A note will be placed in the Employee’s file that they resigned with allegations pending and are not eligible for academic admission or rehire with the College. The records retained by the Title IX Coordinator will reflect that status.

1. Appeal of the Final Determination

The Title IX Coordinator will designate an Appeal Decision-maker Chair from the Title IX Grievance Panel, or other trained internal or external individuals, to hear the appeal. No Appeal Decision-maker Chair will have been previously involved in the Formal Grievance Process for the Formal Complaint. If a panel is used, the Title IX Coordinator will designate a voting chair.

1. 1. Appeal Grounds

Appeals are limited to the following grounds:

1. A procedural irregularity affected the outcome of the matter
2. There is new evidence that was not reasonably available at the time the determination regarding responsibility was made that could affect the outcome of the matter
3. The Title IX Coordinator, Investigators, or Decision-makers had a conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that affected the outcome of the matter
4. The Decision-makers’ Final Determination is substantially contrary to the weight of the evidence in the record (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)
5. The sanctions fall outside the range of sanctions designated for this offense, considering the cumulative conduct/disciplinary record of the Respondent (applicable to sanctions of suspension, expulsion, or termination-level offenses, only)

1. 1. Appeal Request

Any party may submit a written appeal request to the Title IX Coordinator within three (3) business days of delivery of the notice of outcome.

The appeal request will be forwarded to the Appeal Decision-maker Chair for consideration to determine if the request meets the appeal grounds (a Review for Standing). This is not a review of the merits of the appeal, but solely a determination as to whether the request could reasonably be construed to meet the grounds and is timely filed.

If the appeal request does not provide information that meets the grounds in the Procedures, the request will be denied by the Appeal Decision-maker, and the Parties and their Advisors will be simultaneously notified in writing of the denial and the rationale.

If any of the information in the appeal request meets the grounds in the Procedures, then the Appeal Decision-maker Chair will notify all Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the original Decision-makers.

All other Parties and their Advisors, the Title IX Coordinator, and, when appropriate, the Investigator(s) and/or the Decision-makers  will be provided a copy of the appeal request with the approved grounds and then be given three (3) business days to submit a response to the portion of the appeal that was approved and involves them. The Appeal Decision-maker Chair will forward all responses, if any, to all Parties for review and comment.

The non-appealing party (if any) may also choose to appeal at this time. If so, that appeal request will be reviewed by the Appeal Decision-maker Chair to determine if it meets the grounds in the Procedures and will either be approved or denied. If approved, it will be forwarded to the party who initially requested an appeal, the Title IX Coordinator, and the Investigator(s) and/or original Decision-makers, as necessary, who will submit their responses, if any, within seven (7) business days. Any such responses will be circulated for review and comment by all Parties. If denied, the Parties and their Advisors will be notified in writing.

No party may submit any new appeal request after this time period. The Appeal Decision-maker Chair will collect any additional information needed and all documentation regarding the approved appeal grounds, and the subsequent responses will be shared with the Appeal Decision-maker, who will promptly render a decision.

1. 1. Appeal Determination Process

In most circumstances, appeals are confined to a review of the written documentation or record of the original determination and pertinent documentation regarding the specific appeal grounds. The Appeal Decision-maker Chair will deliberate as soon as is practicable and discuss the merits of the appeal.

Appeal decisions are to be deferential to the original determination, making changes to the Finding/Final Determination only when there is clear error and to the sanction(s)/responsive action(s) only if there is a compelling justification to do so. All decisions are made by majority vote and apply the preponderance of the evidence standard.

An appeal is not an opportunity for the Appeal Decision-maker Chair to substitute their judgment for that of the original Decision-maker Chair merely because they disagree with the Finding and/or sanction(s).

The Appeal Decision-maker Chair may consult with the Title IX Coordinator and/or legal counsel on questions of procedure or rationale, for clarification, if needed. The Title IX Coordinator will maintain documentation of all such consultation.

1. 1. Appeal Outcome

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-maker Chair with corrective instructions for reconsideration. In rare circumstances where an error cannot be cured by the original Investigator(s) and/or Decision-maker Chair or the Title IX Coordinator (as in cases of bias), the Appeal Decision-maker Chair may order a new investigation and/or a new hearing with new Title IX Grievance Panel members serving in the Investigator and Decision-maker Chair roles.

A notice of appeal outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The appeal outcome letter will specify the Finding on each appeal ground, any specific instructions for remand or reconsideration, all sanction(s) that may result which the College is permitted to share according to federal or state law, and the rationale supporting the essential Findings to the extent the College is permitted to share under federal or state law.

Written notification may be delivered by one or more of the following methods: in person, mailed to the Parties’ local or permanent address as indicated in official institutional records, or emailed to the Parties’ College-issued email or other approved account. Once emailed and/or received in person, the appeal outcome letter will be presumptively delivered.

Once an appeal is decided, the outcome is final and constitutes the Final Determination; further appeals are not permitted, even if a decision or sanction is changed on remand (except in the case of a new determination). When appeals result in no change to the finding or sanction, that decision is final. When an appeal results in a new Finding or sanction, that Finding or sanction can be appealed one final time on the grounds listed above and in accordance with the Procedures.

If a remand results in a new Finding or Sanction that is different from the original Finding or sanction, that new Finding or Sanction can be appealed, once, on any of the available appeal grounds.

1. 1. Sanction Status During the Appeal

Any sanctions imposed as a result of the Final Determination are stayed (i.e., not implemented) during the appeal process, and supportive measures may be maintained or reinstated until the appeal determination is made.

If any of the sanctions are to be implemented immediately post-determination, but pre-appeal, then the emergency removal and interim suspension procedures (detailed above) for a show cause meeting on the justification for doing so must be permitted within two (2) business days of implementation.

1. Long-Term Remedies/Other Actions

Following the conclusion of the Formal Grievance Process, and in addition to any sanctions implemented or Informal Resolution terms, the Title IX Coordinator may implement additional long-term remedies or actions with respect to the Parties and/or College community that are intended to stop the Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct, remedy the effects, and prevent recurrence.

These remedies/actions may include, but are not limited to:

• Referral to counseling and health services
• Referral to the Employee Assistance Program
• Course and registration adjustments, such as retroactive withdrawals
• Education to the individual and/or the community
• Permanent alteration of housing assignments
• Permanent alteration of work arrangements for employees
• Provision of campus safety escorts
• Policy modification and/or training
• Provision of transportation assistance
• Implementation of long-term contact limitations between the Parties
• Implementation of adjustments to academic deadlines, course schedules, etc.

At the Title IX Coordinator’s discretion, the Parties may be provided with certain long-term support or measures even if no Policy violation is found.

When no Policy violation is found, the Title IX Coordinator will address any remedies the College owes the Respondent to ensure no effective denial of educational access.

The College will maintain the confidentiality of any long-term remedies/actions/measures, provided confidentiality does not impair the College’s ability to provide these services.

1. Failure to Comply with Sanctions and/or Responsive Actions

All Respondents are expected to comply with the assigned sanctions, responsive actions, corrective actions, and/or Informal Resolution terms within the timeframe specified by the final Decision-maker Chair, including the Appeal Decision-maker Chair or the Informal Resolution agreement.

Failure to abide by the Sanction(s)/Action(s) imposed by the date specified, whether by refusal, neglect, or any other reason, may result in additional Sanction(s)/Action(s), including suspension, expulsion, and/or termination from the College.

Supervisors are expected to enforce completion of sanctions/responsive actions for their Employees.

A suspension imposed for non-compliance with sanctions will only be lifted when compliance is achieved to the Title IX Coordinator’s satisfaction.

1. Recordkeeping

For a period of at least seven (7) years following the conclusion of the Formal Grievance Process, the College will maintain records of:

1. Each Discrimination, Harassment, Retaliation, and Other Prohibited Conduct Formal Grievance Process, including any Final Determination regarding responsibility or appeal, and any audio or audiovisual recording or transcript required under federal regulation
2. Any disciplinary sanctions imposed on the Respondent
3. Any supportive measures provided to the Parties and any remedies provided to the Complainant or the community designed to restore or preserve equal access to The College’s Education Program or Activity
4. Any appeal and the result therefrom
5. Any Informal Resolution and the result therefrom
6. All materials used to train the Title IX Coordinator, Title IX Coordinator and designees, Investigators, Decision-makers, Appeal Decision-makers, Informal Resolution Facilitators, and any person who is responsible for implementing The College’s resolution processes. The College will make these training materials publicly available on the College’s website
7. Any other actions taken in response to a report or Formal Complaint including:
   1. The basis for all conclusions that the response was not deliberately indifferent
   2. Any measures designed to restore or preserve equal access to the College’s Education Program or Activity

The College will also maintain any and all records in accordance with federal and state laws.

1. Disability Accommodations

Hutchinson Community College is committed to providing reasonable accommodations and support to qualified Students, Employees, or others with disabilities to ensure equal access to the College’s resolution processes.

Anyone needing such accommodations or support should contact the Title IX Coordinator, who will work with the Accessibility Services as appropriate to review the request and, in consultation with the person requesting the accommodation, determine which accommodations are appropriate and necessary for full process participation.

1. Other Support

The College will address other reasonable requests for support for the Parties and witnesses, including:

• Language services/Interpreters
• Access and training regarding use of technology throughout a resolution process
• Other support as deemed reasonable and necessary to facilitate participation in a resolution process

1. Procedure Revision

These procedures will be reviewed and updated annually by the Title IX and Title VI Coordinator. The Title IX and Title VI Coordinator may make minor modifications to procedure that do not materially jeopardize the fairness owed to any party. However, the Title IX and Title VI Coordinator may also vary procedures materially with notice (on the institutional web site, with appropriate date of effect identified) upon determining that changes to law or regulation require policy or procedural alterations not reflected in this policy and procedure. Procedures in effect at the time of its implementation will apply. Policy in effect at the time of the offense will apply even if the policy is changed subsequently, unless the parties consent to be bound by the current policy.

APPENDIX B: STATEMENT OF THE PARTIES’ RIGHTS

Under the Policy and Procedures, the Parties have the right to:

• An equitable investigation and Resolution of all credible allegations of prohibited Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct, when reported in good faith to College officials
• Timely written notice of all alleged violations, including the identity of the Parties involved (if known), the precise misconduct being alleged, the date and location of the alleged misconduct (if known), the implicated policies and procedures, and possible sanctions

• Timely written notice of any material adjustments to the allegations (e.g., additional incidents or allegations, additional reports or Formal Complainants) by updating the Notice of Investigation and Allegation(s) (NOIA) as needed to clarify potentially implicated Policy violations

• Be informed in advance of any College public release of information regarding the allegation(s) or underlying incident(s), whenever possible
• Have all personally identifiable information protected from the College’s release to the public without consent, except to the extent permitted by law
• Be treated with respect by College officials
• Have The College Policy and Procedures followed without material deviation
• Voluntarily agree to resolve allegations under the Policy through Informal Resolution without College pressure, if Informal Resolution is approved by the Title IX Coordinator
• Not be discouraged by College officials from reporting Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct to both on-campus and off-campus authorities
• Be informed of options to notify proper law enforcement authorities, including on-campus and local police, and the option(s) for the College to assist in notifying such authorities, if the party chooses. This also includes the right not to be pressured to report
• Have the College law enforcement and/or other College officials respond promptly to alleged Policy violations
• Be informed of available supportive measures, such as counseling, advocacy, health care, student financial aid, visa and immigration assistance, and/or other services, both on campus and in the community
• A College-implemented no-contact order or a no-trespass order against a non-affiliated third party when a person has engaged in or threatens to engage in stalking, threatening, harassing, or other improper conduct
• Be informed of available assistance in changing academic, living, and/or employment situations after an alleged incident of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct if such changes are reasonably available. No report or Formal Complaint, or investigation, either institutional or criminal, needs to occur before this option is available. Such actions may include, but are not limited to:
  • Relocating a residential Student’s housing to a different on-campus location
  • Assistance from the College staff in completing the relocation
  • Changing an Employee’s work environment (e.g., reporting structure, office/workspace relocation)
  • Transportation assistance
  • Visa/immigration assistance
  • Arranging to dissolve a housing contract and provide a pro-rated refund
  • Rescheduling or adjusting an exam, paper, and/or assignment
  • Receiving an incomplete in, or a withdrawal from, a class (maybe retroactive)
  • Transferring class sections
  • Temporary withdrawal/leave of absence (may be retroactive)
  • Campus safety escorts
  • Alternative course completion options
• Have the College maintain supportive measures for as long as necessary, ensuring they remain confidential, provided confidentiality does not impair the College’s ability to provide the supportive measures or comply with the law
• Receive sufficiently advanced written notice of any College meetings or interviews involving another party, when possible
• Identify and have the Investigator(s), Advisors, and/or Decision-makers/Decision-maker Chair question relevant available witnesses, including expert witnesses
• Provide the Investigator(s)/ Decision-makers/Decision-maker Chair with a list of questions that, if deemed relevant by the Investigator(s)/Decision-maker, may be asked of any party or witness
• Have Complainant’s inadmissible sexual predisposition/prior sexual history or any party’s irrelevant character evidence excluded by the Decision-maker Chair
• Review the Relevant and Directly Related Evidence (if applicable) obtained and respond to that evidence
• A fair opportunity to provide the Investigator(s) with their account of the alleged misconduct and have that account be on the record
• Receive a copy of all Relevant and Directly Related Evidence (if applicable) obtained during the investigation, subject to privacy limitations imposed by federal and state law, and a ten (10) business day period to review and comment on the evidence
• Receive a copy of the Final Investigation Report, including all factual, Policy, and/or credibility analyses performed, and to have at least ten (10) business days to review and comment on the report prior to a hearing
• Be informed of the names of all witnesses whose information will be used to make a Finding, in advance of that Finding, when relevant
• Regular status updates on the investigation and/or resolution process
• Have reports of alleged Policy violations addressed by Title IX Grievance Panel members, or others, who have received relevant annual training as required
• A Decision-making panel that is not single Sex in its composition, if a panel is used
• Preservation of confidentiality/privacy, to the extent possible and permitted by law
• Meetings, interviews, and/or hearings that are closed to the public
• Petition that any College representative in the process be recused on the basis of disqualifying bias and/or a conflict of interest
• Be able to select an Advisor of their choice to accompany and assist the party in all meetings and/or interviews associated with the resolution process
• Apply the appropriate standard of evidence, preponderance of the evidence, to make a Finding and Final Determination after an objective evaluation of all Relevant Evidence
• Be present, including presence via remote technology, during all testimony given and evidence presented during any hearing
• Have an impact and/or mitigation statement considered by the Decision-makers following a Final Determination of responsibility for any allegation, but prior to sanctioning
• Be promptly informed of the resolution process Finding(s) and sanction(s) (if any) and be given a detailed rationale for the decision (including an explanation of how credibility was assessed) in a written outcome letter delivered to the Parties simultaneously (without undue delay)
• Be informed in writing of when a College decision is considered final and any changes to the Final Determination or sanction(s) that occur post outcome letter delivery
• Be informed of the opportunity to appeal the Finding(s) and sanction(s) and the procedures for doing so in accordance with the College’s appeal grounds
• A fundamentally fair resolution as defined in the Procedures

APPENDIX C: PRIVACY AND CONFIDENTIALITY

For the purpose of the Policy, privacy and confidentiality have distinct meanings.

Privacy means that information related to Notice or a Formal Complaint will be shared with a limited number of The College Employees who “need to know” in order to assist in the assessment, investigation, and Resolution of the Formal Complaint. All Employees who are involved in The College’s response to Notice under the Policy receive specific training and guidance about sharing and safeguarding private information in accordance with state and federal law. The privacy of Student education records will be protected in accordance with the Family Educational Rights and Privacy Act (FERPA), as outlined in the College’s Student Records Policy. The privacy of Employee records will be protected in accordance with Human Resources policies.

Confidentiality exists in the context of laws (including Title IX) that protect certain relationships, including those who provide services related to medical and clinical care, mental health providers, counselors, and ordained clergy. The law creates a privilege between certain health care providers, mental health care providers, attorneys, clergy, spouses, and others, with their patients, clients, parishioners, and spouses. The College has designated individuals who can have privileged communications as Confidential Resources. See Section 6 of the Policy for more information about Confidential Resources.

When information is shared by a Complainant with a Confidential Resource, the Confidential Resource cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (1) the individual gives written consent for its disclosure; (2) there is a concern that the individual will likely cause serious physical harm to self or others; or (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18, elders, or individuals with disabilities. Confidential Resources may share non-identifiable information for statistical tracking purposes as required by the federal Clery Act. Other information may be shared as required by law.

APPENDIX D: COLLEGE POLICY EXPECTATIONS WITH RESPECT TO CONSENSUAL RELATIONSHIPS

Expectations with Respect to Consensual Relationships

There are inherent risks in any romantic or sexual relationship between persons in unequal positions, such as Faculty member-Student or supervisor-Employee. These relationships may be less consensual than perceived by the person whose position confers power or authority.  The relationship also may be viewed in different ways by each of the Parties, particularly in retrospect. Circumstances may change, and once welcome conduct may become unwelcome at some point in the relationship.

Even when the Parties have initially consented to romantic or sexual involvement, the possibility of a later allegation of a policy violation still exists. The College does not wish to interfere with private choices regarding personal relationships when these relationships do not interfere with the College’s goals and policies. However, for the personal protection of members of this community, relationships in which power differentials are inherent (e.g., Faculty-Student, Employee-Student, Administrator-Student, Supervisor-Subordinate, Coach-Player) are generally discouraged.

Consensual romantic or sexual relationships in which one party maintains a direct supervisory or otherwise evaluative role over the other party are inherently problematic. Therefore, persons with direct supervisory or otherwise evaluative responsibilities who are involved in such relationships must promptly inform their supervisor and/or the Title IX Coordinator. The existence of this type of relationship will likely result in removing the supervisory or evaluative responsibilities from the Employee or shifting a party from being supervised or evaluated by someone with whom they have established a consensual relationship. When an applicable relationship existed prior to adoption of the Policy or prior to employment, the duty to notify the appropriate supervisor still pertains.

This type of relationship includes Resident Assistants (RAs) and Students over whom the RA has direct responsibility. While no relationships are specifically prohibited by the Policy, failure to timely self-report such relationships to a supervisor as required can result in disciplinary action for an Employee. The Title IX Coordinator will determine whether to refer violations of this provision to Human Resources for Resolution, or to pursue Resolution under the Policy, based on the circumstances of the allegation.

APPENDIX E: POOL MEMBER TRAINING

Title IX Grievance Panel members receive annual training related to their respective roles. This training may include, but is not limited to:

• The scope of The College’s Equal Opportunity, Harassment, and Nondiscrimination Policy
• The College’s Formal Grievance Process
• How to conduct investigations and hearings that protect the safety of Complainants and Respondents, and promote accountability
• Implicit bias and confirmation bias
• Disparate treatment
• Reporting, confidentiality, and privacy requirements
• Applicable laws, regulations, and federal regulatory guidance
• How to implement appropriate and situation-specific remedies
• How to investigate in a thorough, reliable, timely, and impartial manner
• Trauma-informed practices pertaining to investigations and Resolution processes
• How to uphold fairness and due process
• How to weigh evidence
• How to conduct questioning
• How to assess credibility
• Impartiality and objectivity
• How to render findings and generate clear, concise, evidence-based rationales
• The definitions of all prohibited conduct
• How to apply definitions used by the College with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with Policy
• How to conduct an investigation and grievance process including hearings, appeals, and Informal Resolution Processes
• How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias against Respondents and/or for Complainants, and on the basis of Sex, race, religion, and other protected characteristics
• Any technology to be used at a live hearing
• Issues of relevance of questions and evidence
• Issues of relevance to create an investigation report that fairly summarizes Relevant Evidence
• How to determine appropriate sanctions in reference to all forms of Discrimination, Harassment, Retaliation, and/or Other Prohibited Conduct violations
• Recordkeeping

The materials used to train all members of the Title IX Grievance Panel do not rely on sex stereotypes and are publicly posted here.