Campus Safety and Security Report 2014

Campus Safety and Security
Report 2014
Procedures for Crime Reporting
General Security Information
Educational Programs
Crime Definitions
Crime Statistics
Fire Safety Information
Timely Warnings/Emergency
Notification information
Sexual Misconduct Policy
Campus Resources
Campus Judicial System
Campus Map
SECURITY
Franklin College is dedicated to providing as safe and secure an
environment as possible for all members of the campus community. The
Security Department coordinates campus safety and security. The office is
located in the Eli Lilly Napolitan Student Center located at 198 S. Forsythe
St. Foot and vehicular patrols are conducted 24 hours a day, seven days a
week, 365 days a year. The Security office can be contacted from off
campus by calling 317-738-8888 and from on campus by dialing extension
8888.
College security officers are charged with the enforcement of college
policies; the protection of college property; the reporting of violations of
criminal codes and other rules and regulations; response to the campus
fire alarm system; the enforcement of parking and traffic regulations; and
providing a dusk-to-dawn escort service. Although security officers have
no arrest powers and there is not any written “memorandum of
understanding” (MOU) agreements with the Franklin City police
department or the Johnson county Sheriff’s department, the Security
Department maintains an outstanding working relationship with both.
Liaison is also maintained with state and federal law enforcement
agencies.
The office is staffed by a Director and five patrol officers. This full-time
staff is supplemented with police officers and sheriff deputies on a parttime basis for additional security coverage.
REPORTING PROCEDURES
Members of the campus community are requested to report emergencies
and criminal activity to the Director of Security or security officers by dialing
the (317) 738-8888. There are also 17 emergency call boxes located on
campus, 15 of which are in parking lots. Of the other two, one is located
just south of the Johnson-Dietz circle in Dame Mall and the other is north
of the tennis courts in Grizzly Park. The boxes enable people to contact
the security officer on duty, via the two-way radio system. When activated,
a strobe light on top of the pole lights indicating there is an emergency.
Additionally, when the emergency box is used, a prerecorded message is
sent to the security officer’s radio so that he will know where to respond.
This is done in case the caller is unable to communicate with the officer.
Emergency calls or reports of crimes may also be made directly to the
Franklin City Police/Fire Departments by dialing 911 - if the emergency or
crime is occurring at the time. Other crime reporting may be made to the
police on the non-emergency line (317) 736-3670. When a call is made to
the security department, officers will respond immediately to the situation
and assess the need for additional personnel. Security or other employees
receiving the report of an incident will advise victims of their option to file
criminal charges with local law enforcement authorities as appropriate.
Individuals with further questions about pursuing legal action can contact the
student affairs office for assistance.
The college acknowledges that there may be instances when a pastoral or
professional counselor becomes aware of a campus crime as a result of a
confidential disclosure by a client. In these situations, the counselor will
inform the client of appropriate procedures to report the crime. A
confidential crime report may be submitted by the client directly to the
Director of Security or through the counselor.
If a crime has occurred and rapid dissemination of information to the
campus is necessary, special crime alerts are prepared and distributed
throughout campus. These may take the form of a text message, voice
mail, and/or email memorandums. These media are also utilized
periodically to remind students and employees of routine security
measures in which they should be engaged. Annual notice of crime
statistics is provided through publication and is sent in an e-mail message
to all employees and is posted on the college’s internal web page. Copies
of this annual report are also available in the security department office
and are provided to all prospective students, employees and other
interested persons upon request.
FACILITIES SECURITY
Most campus buildings and facilities are accessible to members of the
campus community and to guests and visitors during normal working
hours, Monday through Friday. Some non-residential buildings are open
weekends for limited hours if special events are taking place. After
buildings have been secured, entry can be obtained by employees who
work in a building with the proper key or identification card. Students may
gain access after closing if they have obtained a valid memorandum from
the appropriate faculty or staff member. The security department must be
contacted for an officer to meet the student requesting entry. The student
will be allowed to enter upon presentation of a valid Franklin College ID
card. Students are not allowed to work alone in buildings unless prior
satisfactory arrangements have been made with the security department.
Physical Facilities personnel maintain the buildings and grounds with a
concern for safety and security. When broken windows, locks or lights are
reported to the security officer or discovered by officers on their daily
rounds, these are reported immediately to the physical plant. These
reports are responded to quickly, and the needed repairs or replacements
are made to maintain a high level of safety and security for the campus.
Periodic inspections are made of all campus lighting, trees and shrubbery
and security telephones, and recommendations are made for improved
safety measures.
All residence halls, fraternity houses and on campus homes have
automatic fire alarm systems which are monitored by security department.
When an alarm is activated, the security officer will respond to determine
the cause of the alarm, ensure that the building has been evacuated and
allow people to return when their safety is assured.
All residence life staff members undergo thorough training in the
enforcement of residence hall security policies. Security measures,
especially regarding locking of doors, are reviewed with all residents by
their residence hall staff in floor or hall meetings.
When the residence halls are locked, authorized residents can obtain
access with their identification cards. Residents are responsible for the
actions of themselves and their guests. During breaks and the summer
recess, special security procedures are established, including changing
card access permissions. Any student authorized to remain on campus
during breaks must be registered with the office of residence life and will
be issued granted access on their identification card.
DRUG-FREE SCHOOLS AND COMMUNITY ACT
The Drug-Free Schools and Communities Act of 1989 mandates
institutions of higher education adopt and implement a program designed
to prevent the unlawful possession, use, dispensation or distribution of
illicit drugs and alcohol by students and employees.
Franklin College has developed this policy not only in response to the
federal drug-free legislation, but also to attempt to provide a healthy
environment by preventing the use of illegal drugs and the abuse of
alcohol within the college community. The misuse of alcohol and the use
of drugs can lead to serious health risks, such as the loss of muscle
control, headaches, increased likelihood of accidents, impaired
judgment, personality disorders, addiction and death.
The college prohibits the unlawful use, possession, manufacture or
distribution of alcohol and other controlled substances by any member of
the faculty, staff or student body on college property or at any collegesponsored function, whether on or off-campus, including college
fraternity houses. The college requires the cooperation of the entire
campus community in its pursuit to maintain a drug-free environment in
all phases of campus life.
Any faculty or staff member or student who violates this prohibition, or
who does not cooperate with the college in its attempts to maintain a
drug-free environment, will face disciplinary action up to and including
expulsion or dismissal from the college and referral for prosecution.
Individuals violating any town ordinances, state criminal laws or federal
laws relating to alcohol or drug possession or use also risk fines and
imprisonment.
If questions arise related to any of these guidelines or policies, students
should direct them to the student affairs office, while employees should
direct them to the employee resources office. Faculty, staff, and
students are encouraged to familiarize themselves with resources
available in the area for substance abuse, counseling and treatment.
Staff members in the Franklin College counseling and health center, as
well as the college minister, are available to assist students with
substance-related problems and to provide referral to community
agencies. All counseling is confidential.
EDUCATIONAL PROGRAMS
Franklin College will provide prevention and awareness training for new
students as well as ongoing training for current students and employees.
This training will be provided through the Office of Employee Resources
and the Student Affairs division. All members of the college community are
encouraged to participate throughout the year in ongoing campaigns and
trainings focused on the prevention of sexual misconduct on campus. It is
the collective responsibility of all members of the Franklin College
community to foster a safe and secure campus environment.
Examples of ongoing campaigns and trainings are listed below:




Franklin College Not Anymore Training -Dating Violence/Domestic
Violence/Sexual Assault/Stalking/Bystander online training
Safe Zone Training
Student programming throughout the academic year
Monthly newsletters from the Student Health Center with weekly
reminders
The college follows all federal regulations issued for reporting, training,
and disciplinary proceedings.
All new employees are required to
participate in a training program. The college is committed to offer, on an
ongoing basis, the following programs:
 Awareness programs
 Bystander intervention
 Prevention and awareness campaigns
 Primary prevention programs
Students are regularly provided programming through informational
sessions in the residence halls and in fraternity houses about safety and
security. Programs about the appropriate use of alcohol and the effects of
both alcohol and drugs are provided through new student programs,
residence life and Greek programs, and general campus programming.
The college provides programming to enhance the awareness and
prevention of sexual assault and sexual harassment through designated
staff members who give presentations and provide resources on request.
In addition, each of these issues is addressed in pamphlets, brochures
and other literature distributed throughout the campus via residence hall
programs, bulletin boards, activity fairs, student newspaper and employee
newsletters.
Crime definitions from the uniform crime reporting handbook
Arson- Any willful or malicious burning or attempt to burn, with or without
intent to defraud, a dwelling house, public building, motor vehicle or
aircraft, personal property of another, etc.
Criminal Homicide-Manslaughter by Negligence- The killing of another
person through gross negligence
Criminal Homicide-Murder and Non-negligent Manslaughter- The
willful (non-negligent) killing of one human being by another
Robbery- The taking or attempting to take anything of value from the
care, custody, or control of a person or persons by force or threat of force
or violence and/or by putting the victim in fear
Aggravated Assault- An unlawful attack by one person upon another for
the purpose of inflicting severe or aggravated bodily injury. This type of
assault usually is accompanied by the use of a weapon or by means likely
to produce death or great bodily harm. (It is not necessary that injury result
from an aggravated assault when a gun, knife, or other weapon is used
which could and probably would result in serious personal injury if the
crime were successfully completed.)
Burglary- The unlawful entry of a structure to commit a felony or a theft.
For reporting purposes this definition includes: unlawful entry with intent to
commit a larceny or felony; breaking and entering with intent to commit a
larceny; housebreaking; safecracking; and all attempts to commit any of
the aforementioned.
Motor Vehicle- Theft The theft or attempted theft of a motor vehicle
(Classify as motor vehicle theft all cases where automobiles are taken by
persons not having lawful access even though the vehicles are later
abandoned) , and including joyriding)
Weapon Law Violations- The violation of laws or ordinances dealing with
weapon offenses, regulatory in nature, such as: manufacture, sale, or
possession of deadly weapons; carrying deadly weapons, concealed or
openly; furnishing deadly weapons to minors; aliens possessing deadly
weapons; and all attempts to commit any of the aforementioned.
Drug Abuse Violations- Violations of State and local laws relating to the
unlawful possession, sale, use, growing, manufacturing, and making of
narcotic drugs. The relevant substances include: opium or cocaine and
their derivatives (morphine, heroin, codeine); marijuana; synthetic
narcotics (Demerol, methadone); and dangerous nonnarcotic drugs
(barbiturates, Benzedrine).
Liquor Law Violations- The violation of laws or ordinances prohibiting:
the manufacture, sale, transporting, furnishing, possessing of intoxicating
liquor; maintaining unlawful drinking places; bootlegging; operating a still;
furnishing liquor to a minor or intemperate person; using a vehicle for
illegal transportation of liquor; drinking on a train or public conveyance;
and all attempts to commit any of the aforementioned. (Drunkenness and
driving under the influence are not included in this definition.)
Sex Offenses (Definitions from the National Incident-Based
Reporting System Edition of the Uniform Crime Reporting Program)
Sex Offenses-Forcible- Any sexual act directed against another person,
forcibly and/or against that person's will; or not forcibly or against the
person's will where the victim is incapable of giving consent.
A. Forcible Rape- The carnal knowledge of a person, forcibly and/or
against that person's will; or not forcibly or against the person's will where
the victim is incapable of giving consent because of his/her temporary or
permanent mental or physical incapacity (or because of his/her youth).
B. Forcible Sodomy- Oral or anal sexual intercourse with another person,
forcibly and/or against that person's will; or not forcibly against the persons
will where the victim is incapable of giving consent because of his/her
youth or because of his/her temporary or permanent mental or physical
incapacity.
C. Sexual Assault With An Object- The use of an object or instrument to
unlawfully penetrate, however slightly, the genital or anal opening of the
body of another person, forcibly and/or against that person's will; or not
forcibly or against the person's will where the victim is incapable of giving
consent because of his/her youth or because of his/her temporary or
permanent mental or physical incapacity.
D. Forcible Fondling- The touching of the private body parts of another
person for the purpose of sexual gratification, forcibly and/or against that
person's will; or, not forcibly or against the person's will where the victim is
incapable of giving consent because of his/her youth or because of his/her
temporary or permanent mental incapacity.
Sex Offenses-Non-forcible-Unlawful, non-forcible sexual intercourse.
A. Incest-Nonforcible sexual intercourse between persons who are related
to each other within the degrees wherein marriage is prohibited by law.
B. Statutory Rape-Nonforcible sexual intercourse with a person who is
under the statutory age of consent.
Sexual assault- is any physical contact of sexual nature, up to and
including rape that occurs against a person’s will and/or without a person’s
consent.
For the purpose of the policy, the terms assault, battery and rape are
defined as:
 Sexual Assault is physical contact of a sexual nature against
one’s will or without one’s consent. It is a violation of sections
one, two, three, and 15 of the college’s student conduct code and
Indiana law.
 Sexual Battery, according to Indiana law, occurs when one
person causes another to submit to being touched by force or
the imminent threat of force, or when the victim is so mentally
disabled or deficient that consent cannot be given.
 Rape, according to Indiana law, is sexual intercourse that is
coerced through force, or threat of force, or with someone who is
unconscious, or so mentally deranged or deficient as to be
incapable of consent.
Sexual harassment has been defined by the Equal Employment
Opportunity Commission to include unwelcome sexual advances, requests
for sexual favors or other verbal, visual or physical conduct of a sexual
nature which:
 Involves a stated or implicit threat to a persons’ academic, living,
or working environment; or
 Has the purpose or effect of interfering with an individual’s
academic or work performance; or
 Creates an intimidating, offensive or hostile academic, living or
working environment.
Franklin College prohibits domestic violence, dating violence and
stalking as defined below:
For the purpose of this report, Domestic violence is defined as a felony or
misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim
 a person with whom the victim shares a child in common a person
who is cohabitating with or had cohabitated with the victim as a
spouse or intimate partner
 a person similarly situated to a spouse of the victim under the
domestic or family violence laws of the jurisdiction receiving grant
monies [under VAWA], or
 any other person against an adult or youth victim who is protected
from that person’s acts under the domestic or family violence laws
of the jurisdiction
Dating violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or
intimate nature with the victim; and
 where the existence of such relationship shall be determined
based on a consideration or the following factors:
1) The length or the relationship;
2) The type of relationship; and
3) The frequency of interaction between the persons involved in the
relationship
Stalking is defined as engaging in a course of conduct directed at a
specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer
substantial emotional distress
Additional Crimes added in Higher Education Opportunity Act 2008
 Larceny-Theft: The unlawful taking, carrying, leading, or riding
away of property from the possession or constructive possession
of another
 Pocket-picking: The theft of articles from another person’s
physical possession by stealth where the victim usually does not
become immediately aware of the theft.

Purse-snatching: The grabbing or snatching of a purse, handbag,
etc., from the physical possession of another person. Shoplifting: The
theft, by someone other than an employee of the victim, of goods or
merchandise exposed for sale.




Theft From Building: A theft from within a building which is either
open to the general public or where the offender has legal access.
Theft from Coin Operated Machine or Device: A theft from a
machine or device which is operated or activated by the use of
coins.
Theft from Motor Vehicle (Except "Theft of Motor Vehicle
Parts or Accessories"): The theft of articles from a motor
vehicle, whether locked or unlocked.
Theft of Motor Vehicle Parts or Accessories: The theft of any
part or accessory affixed to the interior or exterior of a motor vehicle in a
manner which would make the item an attachment of the vehicle, or
necessary for its operation.



All Other Larceny: All thefts which do not fit any of the definitions
of the specific subcategories of Larceny/Theft listed above.
Simple Assault: An unlawful physical attack by one person upon
another where neither the offender displays a weapon, nor the
victim suffers obvious severe or aggravated bodily injury involving
apparent broken bones, loss of teeth, possible internal injury,
severe laceration, or loss of consciousness.
Intimidation: To unlawfully place another person in reasonable
fear of bodily harm through the use of threatening words and/or
other conduct, but without displaying a weapon or subjecting the
victim to actual physical attack.

Destruction/Damage/Vandalism of Property (Except "Arson"):
To willfully or maliciously destroy, damage, deface, or otherwise
injure real or personal property without the consent of the owner
or the person having custody or control of it.
Definitions of campus areas:
Campus
A. Any building or property owned or controlled by an institution of higher
education within the same contiguous geographic area of the institution in
direct support of or in a manner related to the institution’s educational
purposes.
B. Any building or property within the same reasonably contiguous
geographic area of the institution but controlled by another person, is used
by students and supports the institutional purposes (such as food or other
retail vendor).
On Campus Residence Hall
Includes Residence Halls:
1. Hoover-Cline
2. Dietz Center
3. Elsey Hall
4. Johnson-Dietz
5. LCA-TKE house
6. Maple St. house
7. Forsythe St. house
8. Nelp house
Non-Campus
A. Any building or property owned or controlled by a student organization
recognized by the institution.
B. Any building or property (other than a campus branch) owned or
controlled by an institution of higher education that is used in direct
support of or in relation to the institution’s education purpose, is used by
students and is not within the same reasonably contiguous geographic
area of the same institution.
Public Property
All property within the same reasonable contiguous geographic area of the
institution, such as a sidewalk, other thoroughfare or parking facility, and is
adjacent to a facility owned or controlled by the institution if the facility is
used by the institution in direct support of, or in a manner related to the
institution’s educational purposes is considered public property.
Hate Crime
Crimes reported that manifest evidence that the victim was intentionally
selected because of the victims’ actual or perceived Race, Gender,
Religion, Sexual Orientation, Ethnicity or Disability.
Crime Statistics
Year
On
Campus
On
Campus
Non
Campus
Public
Property
(Residence
Halls)
I. Criminal Homicide
a. Murder or non
Negligent Manslaughter
b.
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
0
0
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
0
0
2014
2013
2012
6
1
2
6
1
2
0
0
0
1
0
0
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
0
0
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
6
0
2014
2013
2012
4
2
0
3
0
0
1
0
0
1
3
0
2014
2013
2012
15
15
15
5
5
2
3
0
2
0
0
0
2014
2013
2012
0
0
0
0
0
0
0
0
0
1
1
0
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
0
0
2014
2013
2012
3
4
9
3
1
9
0
0
0
2
5
4
Negligent
Manslaughter
II. Sex Offenses
a.
Forcible sex
offenses
b. non forcible sex
offenses
III. Robbery
IV. Aggravated Assault
V. Burglary
VI. Motor Vehicle Theft
VII. Arson
VIII. Arrests
a. For Alcohol
b.
For Weapons
c.
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
0
0
2014
2013
2012
0
1
1
0
1
1
0
0
0
1
2
6
2014
2013
2012
49
53
58
31
40
40
2
4
5
1
0
1
2014
2013
2012
7
7
5
6
7
5
0
2
0
1
0
0
2014
2013
2012
0
0
0
0
0
0
0
1
0
0
0
0
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
0
0
2014
1
1
0
2013
0
0
0
2012
0
0
0
2014
1
1
0
2013
0
0
0
2012
0
0
0
0
2014
2013
2012
0
0
0
0
0
0
0
0
0
0
0
0
For Drugs
IX. Disciplinary Referrals
a. Alcohol Related
Violations
b.
Drug Related
Violations
c.
Weapons
Violations
X. Domestic Violence
XI. Dating Violence
0
0
0
XII. Stalking
0
0
XIII. Hate Crimes
Criminal Offense
2014 total Race Religion
Sexual
Gender
Orientation
Disability
Ethnicity
National origin
Murder/Non-negligent/
0
0
0
0
0
0
0
Manslaughter
0
0
0
0
0
0
0
Negligent manslaughter
0
0
0
0
0
0
0
Sex Offenses-forcible
0
0
0
0
0
0
0
Sex Offenses-nonforcible
Incest
Statutory Rape
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Robbery
0
0
0
0
0
0
0
Aggravated assault
0
0
0
0
0
0
0
Burglary
0
0
0
0
0
0
0
Motor vehicle theft
0
0
0
0
0
0
0
Arson
0
0
0
0
0
0
0
Simple assault
0
0
0
0
0
0
0
Larceny-theft
0
0
0
0
0
0
0
Intimidation
0
0
0
0
0
0
0
Destruction/damage/
Vandalism or property
0
0
0
0
0
0
0
Fire Safety Amenities in Franklin College Residential Facilities
Franklin
College
Residential
Facilities
Elsey Hall
Dietz Center
Johnson-Dietz
Hoover-Cline
LCA/TKE house
KDR house
PDT house
SAE house
Maple house
Forsythe house
Nelp House
Fire alarm
monitoring
done on
site (by
FC
security
x
x
x
x
x
x
x
x
Partial
sprinkler
system
Full
sprinkler
system
Smoke
detection
Fire
extinguisher
devices
X
X
X
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
X
There were no fires reported which resulted in no deaths, injuries, or
property damage during the reporting year.
Fire drills are conducted in each of the residential facilities each semester
resulting in two fire drills were year.
Fire safety policies
Due to the potential for fire, candles and incense are strictly prohibited.
Since students are prohibited from burning candles and incense, they are
not to be present in student rooms. Violation of this policy constitutes a fire
safety violation as outlined in the residence hall fire safety policies and
procedures.
Hot plates, coil-type cooking devices (toasters, toaster ovens, electric and
Foreman grills), candle warmers, or any types of cooking equipment which
have exposed heating elements are prohibited.
Regardless of their type, all space heaters, heat lamps and halogen lamps
are prohibited. Students in possession exposed heating devices, space
heaters, heat lamps, or halogen lamps will be held responsible for a fire
safety violation. Students are not permitted to use two-prong extension
cords.
TIMELY WARNINGS ABOUT CRIMES
In order to promptly alert students and employees of dangerous situations
on or near campus and provide them with enough time and information to
take necessary precautions, Franklin College has instituted a timely
warning system. These warnings may be issued for any of the Clery Act
crimes that occur on campus; in certain non-campus buildings or property
owned or controlled by the college; and on public property on or
immediately adjacent to the campus. For a warning to be issued, the crime
must be considered a serious or continuing threat to the campus
community. The director of security or his/her designee and a cabinet
member, typically the Vice President for Student Affairs, are responsible
for determining the necessity of a warning and for issuing the alert. In
deciding whether or not to issue a timely warning, the director of security
or his/her designee examines the facts of each incident and considers
when and where the incident occurred, when the incident was reported
and any other information available to the security department. For
example, if an assault occurs between two students who have a
disagreement, there may be no ongoing threat to other campus
community members, and a timely warning would not be distributed.
Timely warnings may be distributed for other crimes if deemed necessary
by the director of security and vice-president of student affairs. Timely
warnings are generally written and issued by the director of security or
his/her designee. Certain details may be withheld from a message if the
information would compromise law enforcement efforts. Any details that
could disclose the identity of the victim are withheld from timely warnings.
Text message is the primary method of timely warning communication,
however on a case-by-case basis, other means of distribution may be
used, including: e-mail, phone calls, the Franklin College website at
http://franklincollege.edu,
outdoor
public
announcement
system
(emergency call boxes).
Members of the Franklin College community are encouraged to provide
the best phone number to reach them by text in order to receive these
warnings. This information should be verified regularly by visiting the
security page on MyFC.
EMERGENCY NOTIFICATIONS
When Franklin College receives a report of a potential emergency or other
dangerous situation, the security department responds and assesses each
individual incident. If the incident is confirmed to be ongoing or imminently
threatening to the health or safety of the campus community, an
emergency notification is immediately initiated. College officials authorized
to send messages via the emergency notification process will, without
delay and taking into account the safety of the community, collaborate to
determine the content of the message. These officials will communicate
information regarding the threat either to the campus community as a
whole or to the appropriate segment of the community if the threat is
limited to a particular building or segment of the population. Franklin
College will not immediately issue a notification for a confirmed emergency
or dangerous situation if by doing so, in the professional judgment of
campus officials, it will compromise efforts to assist a victim, to contain the
emergency, to respond to the emergency, or to otherwise mitigate the
emergency. Franklin College’s use of emergency notification procedures
is not necessarily limited to crimes. An incident such as a serious gas
leak, tornado, hazardous materials spill, winter storm, or other hazards
could also warrant the use of this protocol. College officials authorized to
send messages via the emergency notification process include the
following staff: Director of Security, Director of Facilities, and Information
Security Administrator.
These officials will use their discretion to
determine the content of the message, specific method(s) of notification,
recipients of the notification, and the sending authority. Usually, such
notification will be made using the RAVE Mobile Safety alert system.
Notification may be accomplished using a variety of messaging methods
which may include one or all of the following: text messages, telephone
calls, email, social media, and/or web site updates. If there is a need to
disseminate information outside of the campus community, information
may
be
posted
on
the
Franklin
College
website
at
http://franklincollege.edu/, distributed to local news agencies, or posted to
social media.
SEXUAL ASSAULT AND SEXUAL HARASSMENT
Franklin College is committed to creating a campus culture which values
individuals of various backgrounds, abilities and ages, and seeks to
overcome the social risks associated with being ”different”.
An
important part of this commitment is providing an environment free of
discrimination. Actions, words, jokes or comments based on an
individual’s race, color, religion, sex, disability, age or national origin may
constitute harassment, a form of discrimination, and will not be tolerated.
Sexual conduct, in particular, whether overt or subtle, can serve to
create an offensive learning and working environment and is thus
prohibited. The college affirms the principle that students, faculty and
staff have the right to be free of any forms of sexual assault and sexual
harassment. Sexual assault and sexual harassment are violations of the
Franklin College Student Conduct Code and the Employee Sexual
Harassment Policy, as well as violations of state and federal law. The
College has developed a statement addressing sexual assault and
sexual harassment to inform students, faculty and staff of their rights
and the services available.
SEXUAL MISCONDUCT POLICIES AND PROCEDURES
Sexual Misconduct is a violation of College Policies and Sexual
Assault is a violation of the laws of the state of Indiana.
An act of sexual misconduct is in direct conflict with the College’s core
values, particularly respect and responsibility, and is a violation of Student
Code of Conduct.
The College defines respect as the belief in the
intrinsic worth of self, others, and the earth leading to actions – such as
justice, caring, civility, and the improvement of the world– that promote the
well-being of self, a valuing of diversity, and good stewardship.
Responsibility is defined as the capacity to accept the outcomes of one’s
actions and the strength to choose those actions that will positively affect
one’s life and the lives of others in community.
Student Code of Conduct includes the following behavioral
expectations:
 Exhibit professional conduct and civility in classrooms,
organizations and other group environments.
 Hold in positive regard the dignity and value of each member of
the Franklin College community, treating each member with
respect for her/his personal dignity and personal property.
 Abide by the College‘s Policies as contained in the Franklin
College Catalog, The Key: A Guide to Campus Life, and other
official publications and contracts.
Within the Student Code of Conduct the following behaviors are
expressly prohibited.
Section 1. Violation of any local, state or federal criminal law while
enrolled at the college
Section 2. Intentional, negligent, and/or reckless behavior that results
in, or presents a strong potential for harm to the physical health or safety
of any person, including sexual assault, date or domestic violence, rape or
stalking.
Section 3. Sexual Misconduct which is any form of actual or
attempted sexual contact obtained without consent and/or obtained
through the use of force, threat of force, intimidation, or coercion. It
includes, but is not limited to, forcible anal or oral sex, attempted
intercourse, sexual touching/fondling sexual assault, or exhibitionism by a
person known or unknown to the victim. For further pertinent information
see Sexual Misconduct in the General College Policies section of this
handbook.
Section 4. Hazing, bullying or other serious forms of physical or mental
harassment, abuse, threats or intimidation, sexual harassment or action
which intentionally and unreasonably subjects another person to public
ridicule.
Franklin College defines sexual misconduct as follows:
Sexual misconduct is any form of actual or attempted sexual contact
obtained without consent and/or obtained through the use of force, threat
of force, intimidation, or coercion. It includes, but is not limited to, forcible
anal or oral sex, attempted intercourse, sexual touching/fondling sexual
assault or exhibitionism by a person known or unknown to the victim. It
also includes sexual violence, creating a hostile environment, sexual
exploitation, domestic violence dating violence, stalking or intimidation.
Other pertinent information about sexual misconduct includes:
Consent means two people (or more) deciding equally to do the same
thing, at the same time, in the same way, with each other. Consent means
words or overt actions by a person competent to give consent. If a
person‘s judgment is impaired, for example, through intoxication, the
ability to give free and informed consent may be compromised. Silence
does not mean consent, nor does the absence of “no.” Giving consent
because of fear is not consent. Consent to some activity does not imply
consent to others.
Non-consensual sexual contact includes situations in which an
individual is unable to consent because she/he is mentally incompetent; is
physically helpless due to alcohol or other drug consumption; is asleep; is
unconscious for any reason; or is under 18 years of age.
Coercion includes all acts of forcing one to submit to an act by use of
moral or physical pressure. Moral pressure includes threats, intimidation,
or threat of physical force. Physical pressure includes physical domination,
restraint, or other physical force.
Rape is defined as the act of sexual intercourse with a person against
one‘s will and consent.
Acquaintance or date rape is rape by a date, boyfriend, girlfriend, casual
friend, or other acquaintance. Regardless of the relationship between
perpetrator and victim, acquaintance rape is as serious a crime as
stranger rape and the same criminal laws and penalties apply to both.
Sexual exploitation is defined as non-consensual use of sexual contact
by one person with another, for his/her own advantage or benefit, or to
benefit or advantage anyone other than the person being exploited; the
behavior does not otherwise constitute rape, battery or deviate sexual
conduct. Examples include prostituting another student, non-consensual
video or audio taping or sexual activity going beyond the boundaries of the
consent given (such as one person allowing others to surreptitiously watch
consensual sex), engaging in voyeurism and knowingly transmitting an
STD or HIV to another student.
There are other several definitions to draw upon. The Clery Act, a federal
law that requires colleges and universities to report types of crimes on or
near campus, has definitions that must be used in reporting sexual
offenses. The state of Indiana has its own definitions.
For the Clery Act, sexual offenses are defined as follows:
Sex Offense – Forcible- is defined as any sexual act directed against
another person, forcibly and/or against that person’s will; or not forcibly or
against the person’s will where the victim is incapable of giving consent.
There are four types of Forcible Sex Offenses:
Forcible Rape- is the carnal knowledge of a person, forcibly and/or
against that person's will; or not forcibly or against the person's will where
the victim is incapable of giving consent because of his/her temporary or
permanent mental or physical incapacity (or because of his/her youth).
This offense includes the forcible rape of both males and females. The
ability of the victim to give consent must be a professional determination
by a law enforcement agency.
Forcible Sodomy- is oral or anal sexual intercourse with another person,
forcibly and/or against that person's will; or not forcibly or against the
person's will where the victim is incapable of giving consent because of
his/her youth or because of his/her temporary or permanent mental or
physical incapacity.
Sexual Assault With an Object- is the use of an object or instrument to
unlawfully penetrate, however slightly, the genital or anal opening of the
body of another person, forcibly and/or against that person's will; or not
forcibly or against the person's will where the victim is incapable of giving
consent because of his/her youth or because of his/her temporary or
permanent mental or physical incapacity. An object or instrument is
anything used by the offender other than the offender’s genitalia.
Forcible Fondling- is the touching of the private body parts of another
person for the purpose of sexual gratification, forcibly and/or against that
person's will; or, not forcibly or against the person's will where the victim is
incapable of giving consent because of his/her youth or because of his/her
temporary or permanent mental incapacity..
Sex Offenses-Non-forcible-is defined as unlawful, non-forcible sexual
intercourse.
There are two types of Non-forcible Sex Offenses:
Incest is non-forcible sexual intercourse between persons who are
related to each other within the degrees wherein marriage is prohibited by
law.
Statutory Rape is non-forcible sexual intercourse with a person who is
under the statutory age of consent.
Under Indiana law, unlawful adult sexual conduct is addressed, among
other things, by statutes on rape, criminal deviate conduct and sexual
battery. Conviction of each offense can result in incarceration. The
offenses are described as follows:
Rape: To knowingly or intentionally engage in sexual intercourse with a
member of the opposite sex under force or imminent threat of force, when
the other person is unaware the sexual intercourse is taking place or when
the other person is so mentally disabled that consent cannot be given. The
offense is rendered more serious if committed with a deadly weapon,
under threat of deadly force, if the act results in serious bodily injury or if a
drug or controlled substance is used or known to be used without the
victim‘s knowledge to facilitate the offense.
Criminal Deviate Conduct: To knowingly or intentionally cause another
person to perform or submit to deviate sexual conduct, under force or
imminent threat of force, when the other person is unaware the sexual
intercourse is taking place or the other person is so mentally disabled that
consent cannot be given. The offense is rendered more serious if
committed with a deadly weapon, under threat of deadly force, if the act
results in serious bodily injury or if a drug or controlled substance is used
or known to be used without the victim’s knowledge to facilitate the
offense. Deviate sexual conduct is defined to mean an act involving (1) a
sex organ of one person and the mouth or anus of another person; or (2)
the penetration of the sex organ or anus of a person by an object.
Sexual Battery: To touch another person with the intent to arouse or
satisfy a person’s own sexual desires or the sexual desires of other
person when compelled to submit to the touching by force or imminent
threat of force or when the other person is so mentally disabled that
consent cannot be given. The offense is rendered more serious if
committed with a deadly weapon, or under threat of deadly force or if a
drug or controlled substance is used or known to be used without the
victim‘s knowledge to facilitate the offense.
If you are a victim of sexual misconduct . . .
If you feel you may be the victim of a sexual misconduct your first step
should be to seek assistance. That first step may vary based on the
immediate circumstances and your preferences for addressing the
situation. There are a number of people on campus prepared to assist you.
If you are still in immediate danger or think you may be injured, get
help by calling 911 for medical attention or protection from the
assailant. If the incident has recently occurred (within the past 12 to
72 hours) seek medical assistance as soon as possible. Even after
72 hours, medical assistance can be important for your overall health
and well-being.




Talk with someone who can assist you in deciding what you want
to do next. This could be a trusted person on campus or at home
– a family member, your Hall Coordinator, a counselor from the
Counseling Center, the Health Center Coordinator, or your
Resident Assistant. Contact information for some of these
resources is listed at the end of this information.
Consider getting medical care to insure you have no injuries and
to provide evidence preservation. This is important for your
physical health and if you later decide to prosecute. Collection of
evidence should occur within the first 12 hours, but can be done
up to 72 hours after the incident. Doing this does not require you
to take legal action or any other kind of action but will be valuable
if you decide to do so. See information below about Evidence
Collection.
You should strongly consider seeking assistance from a trained
counselor either on campus (which is free to students) or an off
campus counselor. Arrangements can be made by contacting
the director of counseling at 738-8080.
Consider how you wish to proceed after this assault. You have
several options. You do not have to decide on any of the options
listed below, but you can begin to think about them.
1.
You have the option of taking no action. If you have
reported this to a college official (an employee of the college)
an anonymous report will be filed. This report is for the
college to comply with the Clery Act and does not require any
action on your part. As such a report does not include your
name; you would not be contacted by the college.
Know that in taking no initial action you do not eliminate
your option to take action in the future. Understand that
you may report the assault without prosecuting the
perpetrator.
2.
You can pursue the matter internally through the college‘s
judicial process but are not required to do so. Campus
Security or the Vice President of Student Affairs and Dean of
Students should be contacted in order for a report to be made.


In most cases, if the assailant is a student, the College would
proceed judicially only with your consent and cooperation.
However, under some circumstances the College may pursue
criminal charges or disciplinary action against the assailant.
When the assailant is no longer a student, the college’s ability
to hold that student accountable is no longer an option.
3.
You can pursue criminal charges off campus by
contacting the Indiana State Police, the Franklin City Police, or
the Johnson County Sheriff‘s Department and making a
report. The matter can be pursued both internally and
externally by contacting both Campus Security at 738-8888
and one of the off campus law enforcement agencies listed above
and making a report to each. Once reported, the notified parties will
take action.
If the assailant is not a student or employee of the college, that
individual can be immediately banned from campus. The college
would need the name and address of the individual to issue such
a letter. Such a request must be made to the Vice President of
Student Affairs and Dean of Students or the Director of Security.
You should strongly consider talking with a family member or
confidential support person for emotional assistance and to help
make decisions.
Evidence Collection
Ideally, evidence collection should be done within 12 hours of the assault
but can be valuable even within 72 hours. Even after 72 hours, up to
seven days, it might provide helpful information.
The College
recommends going to St. Francis Hospital’s Center of Hope, 811 South
Emerson Avenue, just north of Greenwood off of Interstate 65. The Center
of Hope has a program designed specifically for the assessment and
treatment of victims of sexual assault. If you need transportation, start
with asking a trusted person you know or seek assistance from a college
official.
The evidence collection guidelines are as follows. You:
 Should not bathe or shower
 Should not brush or comb hair
 Should not douche
 Should not change clothes
 Should not eat or drink, brush or rinse teeth if oral contact
occurred
 Should not touch items at the crime scene
 Should not put on makeup
 Should collect any other evidence deemed helpful
 Should bring along an extra set of clothes, as certain pieces of
clothing worn during the assault may be kept as evidence.
How the College will respond
The College is here to assist you. The goal is to help you recover
physically, emotionally and spiritually. The College will provide you with
helpful information so that you can make the best decisions on how you
wish to address your immediate and long term needs.
On-going counseling will be available to you through the college’s
Counseling Center as well as referral to off-campus services, if you desire.
Confidentiality is a common concern for victims who have been affected
by sexual misconduct. The College will strive to maintain
confidentiality and discretion in addressing any sexual misconduct
report. Information is shared only on a need to know basis. If it is
decided to engage police or other legal authorities the College officials will
share information with appropriate law enforcement officials. However,
confidentiality cannot be assured.
The College will act to prevent and respond to any retaliation against
you for reporting a sexual misconduct. Any complaints of retaliation will be
treated as a separate incident and investigated as such. Retaliation may
be any behavior or conduct which is believed to be the result of filing a
complaint or being accused of a violation of this policy. Any act which
adversely affects you by creating an intimidating, hostile or offensive
environment will not be tolerated.
If requested, the College will adjust your housing or academic
course schedule if at all possible. If the assailant is a Franklin College
student and you decide to have the college take action against the
assailant, the college will adjust the assailant’s housing or academic
course schedule. Likewise, the college may impose no-contact (direct,
electronic, written, etc.) restrictions on all parties involved if requested,
even if judicial action is not requested.
If you decide to seek holding the assailant accountable through the
college judicial process, there are procedures that are followed to
investigate and adjudicate your complaint. These procedures can found in
judicial section of this handbook. , Know that you and the accused are
entitled to the same opportunities to have others present during
disciplinary proceedings, including having an advisor at any of the
proceedings. You and the accused will be notified concurrently in writing
of any outcomes of the proceedings, appeal procedures and any changes
to the outcomes before they become final.
If you decide to pursue legal action, the College will cooperate with
local, state or federal authorities investigating the complaint. It will
cooperate with any court ordered protective or restraining orders. Campus
Security Officers do not have police powers but will assist police officials
when at all possible.
Follow-up will be offered to your friends or with other parties,
involved or concerned, as much as possible without breaching
confidentiality. This will be offered through the counseling and health
center.
Judicial proceedings
A complete review of the College’s judicial process is in the judicial section
of this handbook. The standard of evidence in the adjudication of alleged
violations of college policies are based on the preponderance of the
evidence.
A student would be held accountable for a violation if the
preponderance of evidence indicates that the student was responsible for
the violation. This is different than the legal standard which is “guilt
beyond a reasonable doubt.”
A student who is found responsible for a sexual misconduct can be
suspended or dismissed. The College can impose protective measures
and interim directives on any parties involved in the incident during the
investigation until the matter is adjudicated. The result of any judicial
proceedings will be shared simultaneously in writing with the accused
student and the student accuser.
Resources
The following list of resources may be helpful to you.
On Campus
Campus Security . . .. . . .Student Center . . . . . 317 738-8888
(Officer on Duty)
Campus Ministry . . . . .. . College Chapel . . . . . 317 738-8141
(Leah Rumsey, [email protected])
Counseling Center. . . . . Student Center . . . . . 317 738-8080
(John R. Shafer, [email protected] or Sara Kinder,
mailto: [email protected])
Health Center . . .. . . . . . .Student Center . . . . . 317 738-8090
(Cathe DeCleene, [email protected] )
Dean of Students . . .. . . . Student Center . . . . . 317 738-8080
(Ellis F. Hall, [email protected])
Title IX Equal Employment Opportunity
Officer/Employee Resources. Old Main. . . . . . 317 738-8028
(Maureen Pinnick, [email protected])
Off Campus
National Sexual Assault Hot Line
800 656-HOPE
St. Francis Hospital South Campus.Indianapolis, Indiana..317 528-5440
Center of Hope
Johnson Memorial Hospital . . Franklin, Indiana. ...
317 736-2600
Franklin City Police Department . . .
Franklin, Indiana. . . . . 911
Johnson County Sheriff‘s Dept. . . . .
Franklin, Indiana. . . .
Indiana State Police. . . . . . . . . . . . . .
Indianapolis, Indiana.
911
911
On Line
RAINN (Rape, Abuse, Incest National Network) . . . rainn.org
Guidelines for Personnel Responding to Sexual Misconduct
All personnel working with victims of sexual misconduct should be
sensitive to the following concerns:
A. To a person who has been sexually assaulted, a medical exam
may seem like a second sexual assault. However, if the victim
decides to file criminal charges against the assailant at a later
time, physical evidence is necessary. Encourage the victim to
have a medical examination, and emphasize concern for the
person’s health. Suggest to the victim to talk with someone in the
Counseling or Health Centers located in the Student Center. The
counselor may be reached at 738-8080 and the nurse may be
reached at 738-8090.
B. Many victims are reluctant to report sexual misconduct and to file
criminal charges against the assailant. All victims are encouraged
to report sexual misconduct. If sexual misconduct is reported, the
college is aware of the magnitude of the problem, and can
respond with additional resources, programs, and security. The
victim can also receive needed support and help in understanding
his/her own feelings. Filing an incident report does not mean that
a victim must take further action. When an individual is assaulted,
he/she is robbed of control. Being able to regain control is
important to healing, so it is critical that the victim retain control of
the choices of how to respond to the assault.
C. The question of filing legal charges or pursuing disciplinary action
is a much more difficult decision to make. Some individuals may
be more emotionally able to handle the stress of a trial or hearing
than others. Those who feel emotionally able to prosecute should
be encouraged to do so. However, when a victim decides not to
file charges his/her wishes should be respected and not criticized.
Special Note: While most victims of sexual misconduct are women, men
can also be victims. Usually the assailant is another man. Male victims
experience symptoms of psychological trauma similar to those
experienced by women. Support services provided for female victims have
been shown to be equally helpful for male victims.
Steps for Responding to Sexual Misconduct
It is very important for members of the college community to know how to
respond when they become aware of a sexual assault incident. In all
cases, the college reserves the right to conduct an investigation and
provide follow up concerning sexual assault. Any member of the college
community who becomes aware of the misconduct should follow this
protocol.
A. Responsibilities of the First Person Contacted if the incident
has recently occurred (within the past 12 hours):
1.
Be certain that the victim and others are safe. If the
assailant is an immediate threat to the victim or others contact
campus security 738-8888. If the victim is visibly bleeding/
harmed, call 911.
2.
Make sure that you are non-judgmental and supportive.
3.
Discuss with victim the importance of evidence
preservation in case he/she decides to prosecute. Collection
of evidence should occur within the first 12 hours, but can be
done up to 72 hours after the incident. The only local facility
that does this St. Francis Hospital South Campus-Center of
Hope. It is listed in the resources above.
4.
Even if the victim does not think he/she will want to
pursue legal proceedings, he/she should be strongly
encouraged to seek medical care in order to treat any physical
injuries, and to assess the risk for pregnancy and sexually
transmitted diseases. See Evidence Collection section.
5.
Stay with the victim as long as appropriate (until the victim
is joined by others and is comfortable with you leaving). Make
sure that you stay with the victim, while the staff person, or
whomever you have contacted, makes the necessary
contacts.
6.
Inform the victim of reporting options. See Options for the
Victim to Consider. The victim does not have to decide at this
time, but can begin to think about options.
7.
Encourage the victim to contact family or confidential
support persons for emotional assistance and to help make
decisions.
8.
Explain to the victim that you will be filing an anonymous
report of sexual misconduct. This report does not include the
name of the victim or assailant. The form is for compliance
with the Clery Act. The form is available from Security or the
Dean of Students Office and should be submitted as soon as
possible.
9.
If possible, the room or area where the incident occurred
should be secured so that evidence is not disturbed prior to an
examination by Campus Security personnel. Contact security
as soon as possible.
B.
Responsibilities of the First Person Contacted if the
incident occurred more than 12 hours prior to the report:
1.
Make sure that you are non-judgmental and supportive.
Allow the victim to freely express his/her thoughts and feelings
about the incident.
2.
Encourage the victim to allow you to contact the
counseling and health center at 738-8080 to allow him/her to
speak with a counselor or nurse.
3.
Discuss with the victim the importance of evidence
preservation in case he/she decides to prosecute. Collection
of evidence should occur within the first 12 hours, but can be
done up to 72 hours after the incident.
4.
Even if the victim does not think he/she will want to
pursue legal proceedings, he/she should be strongly
encouraged to seek medical care in order to treat any physical
injuries, and to assess the risk for pregnancy and sexually
transmitted diseases. See Evidence Collection.
5.
Explain to the victim that you will be filing an anonymous
report of sexual misconduct. This report does not include the
name of the victim or assailant. The form is for compliance
with the Clery Act. The form is available from Security or the
Dean of Students Office and should be submitted as soon as
possible.
C.
Responsibilities of the First Person Contacted if the
incident occurs more than 72 hours prior to the report:
1.
Make sure that you are non-judgmental and supportive.
Allow the victim to freely express his/her thoughts and feelings
about the incident.
2.
Encourage the victim to be examined by his/her own
physician or one of the doctors on campus.
3.
Encourage the victim to allow you to contact the
counseling and health center at 738-8080 to allow him/her to
speak with a counselor or nurse.
4.
Inform the victim of reporting options. (See Options for
the Victim to Consider.) The victim does not have to decide at
this time, but can begin to think about options.
5.
Explain to the victim that you will be filing an anonymous
report of sexual misconduct. This report does not include the
name of the victim or assailant. The form is for compliance
with the Clery Act. The form is available from Security or the
Dean of Students Office and should be submitted as soon as
possible.
D.
Responsibilities of the Hall Coordinator/ Director of
Counseling Center/ Coordinator of Health Services/ Assistant
Dean of Students/ or Vice President of Student Affairs and
Dean of Students (person notified depending on the
situation) – these responses are dependent upon the victim’s
preferences, if the staff member is the first person contacted, and
the time frame since the assault.
1.
Call campus security at 738-8888 in order to alert them of
the situation. Whether campus security comes to the room
immediately is the decision of the victim. If the incident took
place in the room, campus security will need to secure the
evidence there as soon as possible.
2.
If within 72 hours, arrange for transportation to St. Francis
Hospital‘s Center of Hope, 811 South Emerson Avenue, just
north of Greenwood off of Interstate 65, either through student
affairs or through persons who are close to the victim.
3.
Return to the victim and see that he/she is transported to
the necessary medical treatment facility.
E. Responsibilities of Campus Security
1.
Contact the Director of Security and inform the Director of
the situation.
2.
Assure that the student has transportation to obtain
medical treatment if he/she has agreed to do so.
Evidence Collection
The victim should be strongly encouraged to follow the evidence collection
guidelines listed below, even if he/she does not want to pursue legal
options.
The victim:
1. Victim should not bathe or shower
2. Should not brush or comb hair
3. Should not douche
4. Should not change clothes
5. Should not eat or drink, brush or rinse teeth if oral contact
occurred
6. Should not touch items at the crime scene
7. Should not put on makeup
8. Should collect any other evidence deemed helpful
Evidence collection will be done at St. Francis Hospital’s Center of Hope, a
program designed specifically for the assessment and treatment of victims
of sexual assault. The victim should bring along an extra set of clothes, as
certain pieces of clothing worn during the assault may be kept as
evidence.
A.
Reporting Options for the Victim to decide
Sexual assault reported to any member of the college
community must be reported. The victim may choose one of
the three following ways. In choosing the first option, a
victim may later decide to have a report filed in the second or
third way listed.
1.
Anonymous Reporting is when the victim contacts college
officials or law enforcement authorities and reports the details
of the assault but does not disclose his/her identity. This may
be in preventing additional assaults on campus, but cannot be
used in an investigation.
2.
Third Party reporting is when someone to whom the victim
has reported the assault contacts college officials or law
enforcement authorities and reports the details of the assault.
This will provide general information about the assailant and
the nature of the attack, but will not include the name of the
victim.
3.
Direct Reporting is when the victim speaks directly with
college officials or law enforcement officers regarding the
assault. Reports can be made to campus security. Such
reports can also be made at the hospital or the police
department. Direct reports should be made as soon as
possible and are required if the victim ultimately chooses to
seek criminal prosecution.
B.
The Victim Has Several Additional Options for
Reporting:
1.
The victim has the option of taking no
action beyond discussing the assault with
someone, even though a report of the
incident must be made, as outlined above.
The victim should understand that choosing
to take no action initially does not eliminate
his/her option to take action in the future. A
victim of sexual assault should seek a
medical exam as soon after the incident as
possible, regardless of his/her thoughts about
taking action. The victim needs to understand
that he/she may report the assault without
prosecuting the perpetrator.
2.
The victim can pursue the matter
internally through the college‘s judicial
process. Campus security or the dean of
students should be contacted in order for a
report to be made. This could result in either
criminal charges for the assailant or
disciplinary measures imposed by the
college. Action will be taken once the report is
made, but the victim can independently
choose whether or not to prosecute.
3.
The victim can pursue criminal charges
off campus by contacting the Indiana State
Police, the Franklin City Police, or the
Johnson County Sheriff‘s Department and
making a report. The matter can be pursued
both internally and externally by contacting
both campus security at 738-8888 and one of
the off campus law enforcement agencies
listed above and making a report to each.
Once reported, the notified parties will take
action.
4.
If the student does not choose to file
criminal charges or pursue legal action
against the alleged assailant, but does wish to
clarify the incident with that person, further
arrangements can be made by contacting the
director of counseling at 738-8080.
Sexual Misconduct Follow-Up Procedures
o
Retaliation: Any attempt by a member of the Franklin
College community to retaliate against a victim for reporting
sexual misconduct, or to retaliate against an alleged assailant,
is prohibited. Vigilantism will not be tolerated. Any complaints
of retaliation will be treated as a separate incident and
investigated as such. Retaliation may be any behavior or
conduct which is believed to be the result of filing a complaint
or being accused of a violation of this policy. Any act which
adversely affects an individual’s employment or creates an
intimidating, hostile or offensive environment for another
member of the community will not be tolerated.
o
The Vice President of Student Affairs and Dean of
Students (or his designate) will:

Meet with the victim in order to assess his/her
needs.

Begin immediate investigation of the incident and
determine appropriate responses. The college may choose
to conduct an investigation without the cooperation of the
victim and may seek to hold the alleged assailant
accountable for other violations of college policy.

With the victim‘s permission:
o
Inform counseling and health center that
a sexual misconduct incident has taken
place. The counselor and nurse will be given
the name of the student, as well as other
pertinent information that may be helpful in
treatment.
o
If a not a member of the Franklin College
community, the alleged assailant will be
prohibited from being on campus.
o

o
If a member of the Franklin College
community, the alleged assailant will be informed
of the status of the case and the judicial process
as outlined below under Protection of the
Accused. The alleged assailant may be required
to participate in counseling or other programs of
an educational/developmental nature to explore
attitudes and deal with the issues involved.
Meet with the Accused student (see section on
Protection of the Accused)

If reasonably available, make adjustments to
living arrangements and/or academic schedules of
the students involved if such action will help to resolve
issues or take other corrective actions in an attempt
to prevent further incidents.

Follow-up in a timely fashion with information to
the college community of incidents that are
considered to be a threat to other students and/or
other employees.

Follow-up with the victim regarding status of
disciplinary process including sanctions imposed if
applicable.
Protection of the Accused: During the investigation of a
report of sexual assault, the accused will be informed of the
allegations, the identity of the complainant, the facts of the
allegation, and the process that will be followed. A person
making the report who is found to have been intentionally
dishonest in making an allegation or to have made the
allegation maliciously is subject to disciplinary procedures.
The Vice President of Student Affairs and Dean of Students
may impose directives, such as a “no contact” requirement
between the accused and the victim or a change of residency,
until the resolution of the incident. For further information and
options of this nature refer to the Campus Judicial System on
page of this handbook under Interim Action.
o
A College Counselor will:

Meet with the victim as soon as possible.

Discuss legal options, college disciplinary options,
necessary forms to be completed, and other
important decisions the victim may need to make.

Provide the appropriate forms and refer the
victim to the appropriate resources if the victim
decides to pursue one of the college disciplinary
options.

If wanted by the alleged assailant, meet with the
accused (not the same counselor working with the
victim)
o
Campus Security will:

Obtain information regarding the incident
and will comply with Campus Security Act of
1990 and as amended as the Clery Act.
o
Additional Follow-Up

On-going counseling will be provided, as
well as referral to off-campus services, if the
victim so desires.

Follow-up will be offered to friends of the
victim and the assailant, or with other parties,
involved or concerned, as much as possible
without breaching confidentiality. This will be
offered through the counseling and health
center.
Franklin College Code of Conduct and Campus Judicial System
1.
Student Code of Conduct
The College‘s educational experience encourages each student to
develop a personal value system, with an emphasis on the following
values: respect, honesty, responsibility, lifelong pursuit of learning, and
faith. These values are defined in the Mission of Franklin College that is on
page 1 of this handbook. The Code of Conduct and the judicial process
are based on these values. The following behavioral expectations are
extensions of the Mission and the five values:

Exhibit personal integrity, practicing honesty in all
academic and social aspects of this learning community.

Exhibit professional conduct and civility in classrooms,
organizations and other group environments.

Hold in positive regard the dignity and value of each
member of the Franklin College community, treating each
member with respect for her or his personal dignity and
personal property.




Respect the collective rights and property of the
community.
Approach the educational experience both inside and
outside of the classroom with an openness to new
perspectives: new ideas, new cultures and new experiences.
Have tolerance for the convictions and opinions of others,
even when not in agreement with one‘s beliefs.
Abide by the College‘s Policies as contained in the
Franklin College Catalog, The Key: A Guide to Campus Life,
and other official publications and contracts.
2.
Prohibited Behavior
The following are illustrations of conduct which are considered
inappropriate and for which students may be held accountable:
Section 1. Violation of any local, state, or federal criminal law while
enrolled at the college.
Section 2. Intentional, negligent, or reckless behavior that results in, or
presents a strong potential for harm to the physical health or safety of any
person, including sexual assault, date or domestic violence, rape or
stalking.
Section 3: Sexual Misconduct which is any form of actual or attempted
sexual contact obtained without consent and/or obtained through the use
of force, threat of force, intimidation, or coercion. It includes, but is not
limited to, forcible anal or oral sex, attempted intercourse, sexual
touching/fondling sexual assault, or exhibitionism by a person known or
unknown to the victim. For further pertinent information see Sexual
Misconduct in the General College Policies section of this handbook.
Section 4. Hazing, bullying or other serious forms of physical or mental
harassment, abuse, threats or intimidation, sexual harassment or action
which intentionally and unreasonably subjects another person to public
ridicule. For further information on these violations see Harassment and
Hazing in the General College Policies section of this.
Section 5. Misuse of fire safety equipment, including transmittal of a false
alarm or tampering with smoke/heat detection devices or with
extinguishing equipment or failure to evacuate during a fire alarm.
Section 6. Academic dishonesty, such as cheating and plagiarism.
Section 7. Disorderly conduct, reckless, lewd, indecent or obscene
conduct or expression, excessive noise that is disruptive to persons who
are engaged in legitimate educational pursuits on the campus or residing
on campus.
Section 8. Possession or use of firearms, explosives (including fireworks),
dangerous chemicals or other weapons (such as guns, rifles, air guns,
pellet guns, BB guns, hunting knives, bows and arrows, paintball
guns/grenades and martial arts weaponry).
Section 9. Willful obstruction or disruption of teaching, research,
administrative or disciplinary procedures or of other official college
activities, including public functions held on college premises.
Section 10. Use, possession, or distribution of illegal or controlled
substances, such as marijuana or prescription drugs not prescribed to the
user; possession of or use of drug paraphernalia
Section 11. Theft (or unauthorized taking) of, or damage (including
vandalism) to property including, property of the college, campus
organizations, members of the college community, and college visitors,
possession of stolen or misappropriated property, or unauthorized use of
telephone, cable television or other pay services, or attempting any of
these.
Section 12. Actual or attempted violation of computer security and/or
tampering with computer software or equipment, or any violation of the
published
campus
computing
guidelines.
The
authorized
breaching/sharing of College information.
Section 13. Unauthorized entry, occupancy, or use of college facilities or
equipment; unauthorized possession or duplication of keys to college
facilities or equipment. Being on the roof of college owned houses and
campus buildings without authorization is not permitted; throwing anything
off the roofs, out of windows or off of balconies of any college facility.
Section 14. Knowingly furnishing false or misleading information
to, or withholding information from, college officials; forgery;
tampering with or unauthorized duplicating of college records,
documents or identification cards.
Section 15. Complicity in the violation of a college policy, such as
when a student is present for or aware of a violation of policy but
takes no action to confront, prevent or report the violation to a
college official, a failure to intervene as a bystander to an incident
involving a violation of college policies.
Section 16. Failure to comply with the directions of a college
official, including the terms of judicial sanctions, or willfully
hindering such an official acting in the performance of his or her
duties.
Section 17. Violation of the college‘s alcohol policies. For more
information on these policies see Alcohol in the General College
Policies section of this handbook.
Section 18. Violation of the college’s published policies, contracts,
regulations or rules of conduct including, but not limited to,
campus solicitation and fund raising, student organizations, food
service, motor vehicles, the policies of the academic records
office, and the social responsibility policy.
Section 19. Violation of the published residence hall rules,
regulations, and contracts.
Section 20. Excessive (more than 10 per year) violations of
college parking regulations.
3.
Campus Judicial System
Franklin College stresses self-discipline, civility, and respect for the rights
of others as the fundamentals of student conduct. It is consistent with the
institution‘s educational mission that, when a student or student group has
violated these fundamentals, the college may enact disciplinary
proceedings. Such proceedings and any resulting disciplinary measures
are intended to redirect behavior and reinforce understanding of the
college‘s behavioral expectations, mission and values.
It is important to realize that the Campus Judicial System is an educational
process. Students’ right to fairness in the disciplinary process is carefully
observed, but specific rules of procedure differ from those maintained in
the civil or criminal courts. The standard of evidence used in the College’s
judicial process is based on the preponderance of the evidence. This
standard is used to determine if a student is responsible or not responsible
for a violation of college policy.
4.
Definitions
The following is a list of terms that are defined to assist the reader in
understanding Franklin College‘s judicial process
Adjudicator: The adjudicator‘s first duty is to follow up with any student
who has had a report of possible policy violation submitted in which the
student is involved. The adjudicator reviews the report, consequent
charges, and the judicial process with the student involved. The student
can choose to have the issue informally adjudicated by the adjudicator or
opt for a formal hearing. If the student admits responsibility, the
adjudicator can immediately determine appropriate sanctions.
Advisor: An advisor to an accused student/group may be present at any
judicial proceedings. The advisor must be a member of the Franklin
College Community (faculty, staff or student). The advisor may not serve
as a witness or represent the respondent in a manner similar to an
attorney. The advisor may speak openly and participate in the proceeding
only with the permission of the adjudicator or hearing officer. A student
whose has made an allegation against another student may also have an
advisor present for any judicial proceedings in which that student making
the allocation is required.
Community Board: A hearing body comprised of faculty, staff and
students. The Community Board and the hearing process are both
described in a subsequent section of this publication. In some
circumstances a timely meeting of the Community Board may be
impossible. In such cases, the Vice President and Dean of Students may
appoint another hearing officer to hear the case and determine
appropriate findings and sanctions.
Greek Standards Board: The Greek Standards Board is an official entity
of Franklin College, whose purpose is to ensure that college policies and
specific regulations of the campus Greek system (including, but not limited
to the social responsibility policy) are implemented, enforced, and followed
by all member organizations. The Greek Standards Board will have the
additional responsibility of mediating disputes that occur between
chapters. The Greek Standards Board is comprised of two chief justices
(IFC and PanHellenic Council presidents), eight justices (one
representative per chapter), eight alternatives (one per chapter), and a
Judicial Advisor (appointed by the Vice President and Dean of Students).
Hearing Officer: The individual who is responsible for running a hearing,
ensuring that the college‘s judicial process is followed, and following up
with the student or organization involved regarding decisions made and, if
applicable, sanctions imposed as a result of a hearing.
5.
Judicial Process
Any member of the Franklin College campus community may issue an
official complaint in writing, concerning a student (or student group) who is
believed to have violated the student conduct code. To make a report,
contact a security officer, a residence hall coordinator, or the student
affairs office (Student Center 241). The following describes the process
by which alleged violations of the Code of Conduct are addressed for an
individual student. For violations involving a student organization see the
next section.
Incident Occurs: An incident occurs and results in a report of the incident
to a college official. Allegations of academic misconduct should be
directed to the office of the vice president for academic affairs. Those
complaints will be handled in accordance with the section titled “Academic
Dishonesty and Plagiarism.” All other matters of misconduct should be
referred to the chief judicial officer (Vice President of Student Affairs and
Dean of Students or a Designee) for appropriate action.
The Accused: A student who is alleged to have violated college policy is
engaged in the judicial process and has some options as outlined below.
Any form of retaliation against a student accused of violating college policy
or against a person reporting a violation is also a violation of college policy
and will be handle as a separate incident. As noted in section 10,
Additional Aspects of the Judicial Process, #2. Interim Action, the College
may issue directives to the accused while the judicial process is pending.
Administrative Review: The incident report and any other documentation
are reviewed to determine if there appears to have been a violation of
college policy. If so, the incident is referred to an adjudicator to follow-up
with student(s) involved. The adjudicator may be a hall coordinator, the
coordinator of Greek life, the director of residence life, the assistant dean
of students, or the Vice President and dean of students. The assignment
of the adjudicator is based on the severity of the alleged violation and
upon the availability of adjudicators.
Pre-Judicial Meeting: An adjudicator meets with a student to review the
report, the charges, and the judicial process. . The student has the option
of choosing informal adjudication with that adjudicator or to request a
formal hearing. The student may choose to admit responsibility. If so, the
adjudicator determines appropriate sanctions. The results of the meeting
are sent in writing to the student that includes the student‘s admission of
responsibility, the sanctions imposed and the appeal process.
Should a student be non-responsive to an investigating official, the student
may be charged with “failure to comply.” Failure to attend to the judicial
process (not scheduling appointments for judicial meetings, not showing
up for judicial meetings, failure to complete or comply with sanctions) may
result in a student being held accountable for the violation.
Informal Adjudication: The student has chosen to have the adjudicator
determine if he or she has violated college policy. The adjudicator will
review the report again and hear the student‘s explanation and then render
a decision of responsible or not responsible. If responsible, the adjudicator
will then determine appropriate sanctions. A letter will be sent to the
student confirming the decision, the sanctions imposed, and the appeal
process.
Formal Hearing: A formal hearing usually involves the participation of
both the accused and the person who made the report, the calling of
witnesses, and the formal procedures of a hearing. The hearing is taped.
Procedures for a formal hearing are outlined in later in this section. A
formal hearing results in the determination of a student‘s responsibility for
an alleged violation of college policy, and if responsible, the imposition of
sanctions.
The Community Board, the Director of Residence Life, the assistant dean
of students, or the Vice President and Dean of Students may conduct the
hearing. A student may choose to have the Director of Residence Life or
the Vice President and Dean of Students hold a hearing or the community
board except when a hearing is to take place when classes are not in
session or the board has not been established or trained at the time of the
hearing. The Vice President and Dean of Students/Chief Judicial Officer
will hold hearings in the absence of the Director of Residence life or in
such cases as deemed necessary.
A letter will be sent to the student confirming the decision made in the
hearing, and, if responsible, the sanctions imposed and the appeal
process.
Adjudication of Sexual Misconduct: For allegations of sexual misconduct
or, as determined by the Vice President and Dean of Students, other
particularly sensitive allegations, the student accused may select a formal
hearing or informal adjudication but the case will be adjudicated by Vice
President of Student Affairs and Dean of Students or his designee rather
than the Community Board. Appeals of decisions made in such cases will
be to the Community Board.
6.
Judicial Process for Student Organizations
Campus organizations may be held accountable for the actions of their
members when there appears to have been organization complicity,
endorsement, encouragement, or persistent tolerance of individual
misconduct. The process is similar to the above process except as noted
below.
Student Organizations: In hearings involving student organizations, at
the group’s discretion and with the hearing board‘s approval, up to two
additional advisors with a total of no more than two student advisors may
participate in the hearing. An organization may choose to have a member
of the organization’s advisory board (i.e., faculty/staff advisor, chapter
advisor, house or alumni corporation officer), or a member of the national
organization‘s paid or volunteer staff, serve as an advisor in the hearing.
Greek Organizations: In hearings involving Greek organizations charged
with violations of college policy, the Greek Standards Board will be the
hearing body.
Violations of the hazing rules shall result in a referral to the Greek
Standards Board.
If the board discovers that a violation has been
committed, the board shall impose sanctions on the chapter and report
this finding to the national headquarters of the fraternity or sorority. In the
event of criminal behavior, the board shall notify the appropriate law
enforcement as well.
7.
Additional Aspects of the Judicial Process
Timeline – The College seeks to adjudicate any alleged violations of
college policy as promptly as possible. Some allegations may take longer
to fully investigate. Resolution should be completed within sixty business
days, excluding incidents that take place after March 20 of each academic
year.
Interim Action – The Vice President of Student Affairs and Dean of
Students may issue directives to any person or organization involved in
judicial proceedings during the interim between the investigation of the
incident and the final adjudication of the incident. Such directives may
temporarily restrain a person or organization from interacting with
specified others on campus, temporarily withdraw building use privileges
or temporarily remove privileges of participation in certain college
functions. In extreme cases, when the presence of a student or group on
campus constitutes a danger to that student/group or to others or their
property, the Vice President and Dean of Students may temporarily
suspend the student/group from the college and disallow the student’s or
group's presence on the campus or at off-campus college functions until
such time as the case against the student or group is formally heard.
The College does not permit a student to withdraw from classes while the
student is under investigation for a violation of college policy. If a student
leaves prior to the final adjudication of an incident and/or does not choose
to participate in the adjudication of the matter, the process will proceed
without the student. The student may still be held accountable for a
violation and the student will not be permitted to return to the College until
any sanctions applied have been met. A hold may be placed on the
student’s account to prohibit reenrollment or the release of academic
transcripts.
Notice – When a formal hearing is selected, written notice of charges will
be delivered to the student’s or group’s best-known local address (usually
the campus mailbox). It is the student‘s responsibility to check his or her
mailbox on a regular basis to receive judicial summons and notices in a
timely manner. The notice will inform the student or group of the following:
sections of the conduct code allegedly violated
the grounds on which the allegations are made
Notice of time, date, location of a formal hearing. All notices of formal
hearings will be mailed no less than 72 hours prior to the hearing.
Failure to Appear – If a student or group fails to appear at either an
informal adjudication or a formal hearing due to negligence or intentional
disregard, the hearing will proceed on the basis of available evidence.
When present at the informal or formal hearing, the student or group may
request a postponement if justification is provided. The presiding officer at
the hearing will determine the legitimacy of that justification and will rule on
the postponement. Failure to appear does not constitute grounds for an
appeal if a student is found responsible for a violation.
Rules of Procedure – The specific written rules of procedure for a
particular type of hearing are available in the Student Affairs office. All
formal hearings allow an accused student or group to cross-examine
witnesses, examine written testimony provided by persons not in
attendance, examine any other evidence brought into the hearing, and to
present information, witnesses, or other evidence in defense.
Findings and Sanctions – When hearings are convened by a board or a
hearing officer , written findings and sanctions will be delivered to the
student within two business days of the hearing‘s adjournment. The letter
should indicate that the student or group was found responsible or not
responsible for a violation of the student code of conduct. If responsible,
specific disciplinary sanctions will accompany the finding. A copy of the
findings and sanction letter will be sent to the Vice President of Student
Affairs and Dean of Students.
Campus Discipline and the Law – Though violations which occur on
campus are normally dealt with through the college judicial process, the
president of the college (or his authorized designee) may file charges, on
behalf of the college, against the student/group in civil or criminal court.
Students should understand that they may also simultaneously face
charges in the campus judicial system and in the civil/criminal courts for
an unlawful act. College disciplinary proceedings will not necessarily be
abated or subject to challenge, however, should civil/criminal charges be
dismissed.
Off-Campus Conduct – The Student Code of Conduct has as its main
focus misconduct that takes place on the college campus, but Franklin
College students are also responsible to the college for their behavior offcampus as it relates to the Student Code of Conduct. The college may
take judicial action against a student for such an off-campus offense
when: the nature of the offense is such, that in the judgment of the Vice
President and Dean of Students or his designee, the student’s behaviors
violated college policy and merit intervention to assist in the student‘s
wellbeing, academically or developmentally; the continued presence of the
student on campus is likely to interfere with the educational process or the
orderly operation of the college; or the continued presence of the student
on campus is likely to endanger the health, safety, or welfare of the
college community, or is intimidating or threatening to another individual
within the college community; the offense committed by the student is of
such a serious nature as to adversely affect the student's suitability as a
member of the college community; or it is required by law to do so.
The action of the college with respect to any such off-campus conduct
shall be taken independently of any off-campus authority. The prospect of
criminal charges does not preclude the possibility of the college taking
judicial action. The college reserves this right even if criminal charges
involving the same incident are pending, reduced or dropped.
Change of Student Status Pending Judicial Action – In the event a
student is involved in a violation of the student conduct code and leaves
the institution prior to the resolution of the investigation and hearing
process, the student will not be permitted to register for or attend classes
until the case has been resolved. In such cases, the judicial process may
proceed without the student’s participation or presence and the student
may be found responsible for violations of college policy and have
sanctions imposed, including suspension or dismissal from the college.
Study-away – Franklin College students are subject to the code of
conduct while engaged in study-away (study abroad, winter term travel
courses, internships, etc.). If the student’s program is in connection with
an approved cooperative arrangement at another institution, disciplinary
provisions of the host institution shall apply, and the discipline imposed by
such means will be honored by Franklin College. Franklin College may
also take judicial action for a student’s behavior if the other institution has
taken no action or in addition the disciplinary provisions of the host
institution. Alleged violations of college policy will be addressed through
the Franklin College judicial process.
8.
Sanctions
Based on the circumstances of the violation, an appropriate combination
of sanctions may be imposed in response to one incident. A judicial
adjudicator, hearing officer or board may impose the following sanctions. It
should be noted that an official reprimand is used in response to initial or
minor violations of policy while probation, change in residence, suspension
and dismissal are used in response to repeated or serious violations of
policy. (See Sanction Guidelines, page 84) Any sanctions may be
reviewed and adjusted by the President of the college at his or her
discretion.
A student’s or group’s failure to adhere to the conditions of imposed
sanctions will constitute grounds for imposition of more strenuous
discipline. In some cases, the college may choose to place a hold on a
student‘s registration or transcripts, impose residency restrictions on the
student, or, for an organization, place restrictions on the organization‘s
recognition until conditions of the sanctions have been satisfied.
9.
Sanctions for Individuals or Groups
1a. Official Reprimand – An official letter of warning.
1b. Restitution – A requirement that the student or group provide
reimbursement for damage to or misappropriation of property, or for
personal injuries inflicted by the student/group.
1c. Behavioral Contract – Details behavioral requirements with which the
student or group must comply within a specified time frame; may involve a
probationary period, restitution, a work detail, counseling, participation in
specified assessment and/or treatment programs, formal apologies,
adoption of changes in organization by-laws or other specific tasks.
1d. Loss of Privileges – The student or group may have to forfeit
particular campus privileges, either permanently or for a specified period
of time; for example, participation in college events or intramural athletics,
use of study lounge, use of college facilities for organization purposes, the
right to hold office in recognized organizations, or parking on campus.
1e. Fines – A student/group may be fined for any single or combination of
infractions related to a single incident. Violations that carry monetary fines
are outlined in other sections of The Key. Fines typically fall into a range of
$25–$200, but may be modified up or down at the discretion of the judicial
authority adjudicating the matter. A fine should only be imposed as a
supplement to and in combination with other sanctions. Whenever
possible and appropriate, fines are not to be used as a substitute for
educational sanctions.
1f. Compulsory Service – The student or group is required to perform a
specified number of hours of work, without pay, for the college or a
designated community organization. The nature of the work assigned
should be determined on the basis of its redeeming value to the student
and, whenever possible, should be related to the nature of the infraction.
While the suggested maximum number of hours for any single infraction is
20, that number may be increased at the discretion of the Vice President
of Student Affairs and Dean of Students.
1g. Disciplinary Probation – A specified period of time during which the
student’s or group’s behavior will be closely monitored. In addition, during
the period of probation, a student or group may lose certain privileges in
campus organizations, etc. A violation of the code of conduct during a
probationary period will be considered a very serious offense which will
likely result in a student‘s suspension, and therefore parents of dependent
students will be notified when a student is placed on probation.
1h. Change of Residence or Cancellation of Housing – The student or
group may be assigned to different residence hall accommodations or
may be removed from campus residency; a “no trespass” directive may
also be issued, such that the student/group may not again return to the
area of residency. Cancellation of a student‘s housing may have a
substantial impact on a student‘s educational experience, therefore
parents will be notified when a student‘s contract in canceled.
1i. Suspension – A student may be suspended from continuing his or her
attendance at the college for a specified period of time and the college will
not refund tuition or fees paid by the student or group. The student must
reapply for admission following expiration of the period of suspension if the
student wishes to return to the college. Similarly, a campus organization
may be required to forfeit campus “recognition” and all connection with the
college for a specified period of time. Parents will be notified when a
student is suspended.
1j. Dismissal – Permanent removal of the student or group from the
college. The college will not refund tuition or fees paid by the student or
group. Parents will be notified when a student is expelled.
10.
Additional Sanctions for Student Organizations
Additional sanctions that are applicable to student organizations and may
be used in conjunction with sanctions outlined above.
2a. Administrative Directive – The organization may be directed to follow
a particular corrective course of action (for example, financial restitution
for damages).
2b. Residential Restrictions – The organization may be advised that no
parties or social functions are to take place at the organization‘s property;
the organization may be advised that students under the age of 21 are no
longer permitted to reside in the organization‘s facilities; specific controls
may be placed on the operation of the house; etc.
2c. Suspension of Recognition – The organization may forfeit all
connection with the college for a specified period of time. For
internationally-affiliated organizations, the international organization will
normally suspend the chapter‘s charter until recognition is restored.
2d. Withdrawal of Recognition – Recognition may be permanently
withdrawn. In this case the international organization would likely close the
local chapter. It is conceivable that after some minimum period of time
(four years is typical), the international organization could petition the
college for permission to re-colonize on campus.
2e. Concurrent Discipline – When a campus group is affiliated with a
larger (state, regional, national or international) organization such as
fraternities and sororities, the college and the organization executive staff
may agree upon a course of action in which both the college and the
organization concurrently enact disciplinary measures against the local
group.
11.
Sanction Guidelines
Authority for establishing sanctions rests with the Vice President and Dean
of Students and his or her designees. In setting sanctions, consideration
will be given to the seriousness of the violation, attitude of the student
during the course of the alleged incident and the judicial process, and any
other prior offenses by the student. The following guidelines are not to be
interpreted as limiting the discretion of the hearing officer or board setting
sanctions in judicial cases, but are provided for informational purposes.
Cases handled through informal adjudication by a hall coordinator would
likely merit sanctions ranging from 1a. Official Reprimand through 1f.
Compulsory Service.
 Cases handled through informal adjudication with the Director of
Residence Life may include 1g. Disciplinary Probation and/or 1h.
Change of Residence or Cancellation of Housing and would likely
involve other sanctions ranging from 1a. Restitution through 1f.
Compulsory Service.


In cases handled by the Vice President of Student Affairs and
Dean of Students, the Community Board or Greek Standards
Board, sanctions may involve the full range of options outlined
under section 5 and 6.
Suspension: The sanction of suspension is possible , but not
limited to, the following circumstances:
o
The violation of any aspect of the Code of
Conduct while on disciplinary probation
o
Committing any of the following violations
(applicable with first offense):
 Physical violence against another person (Section
2)
 Violation of local, state or federal criminal law
while enrolled at the college (Section 1)
 Setting a fire on campus (Section 2)
 Sexual misconduct (Sections 2 and 3)
 Psychological or physical harassment of a fellow
student (Section 4)
 Tampering with fire prevention equipment
(Section 5)
 Possession of, use of, sale of or intent to sell
illegal substances (Section 10)
Dismissal: The sanction of dismissal is possible, but not limited to the
following circumstances:
 The violation of any aspect of the Code of
Conduct having been suspended from the
institution for previous violations of the Code.
 A student’s action in violation of the Student Code
of Conduct has been particularly egregious,
violent or heinous, even if it is a first time offense.
12.
Appeals
The results of a judicial procedure may be appealed by a student who has
been found in violation of college policy. An appeal must be submitted in
writing. The appeal should state the grounds on which it is based as well
as a rationale for the appeal. Such a request must be delivered in writing
to the Student Affairs Office within three business days of the student or
group having received notice of findings and disciplinary sanctions. It
should be addressed to the appropriate person or board as outlined below.
In cases in which another student is officially notified in writing of the
sanctions imposed on another student, that other student may appeal to
the appropriate authority that the sanctions imposed were not severe
enough for the violation. Such appeals must be made within the same
time frame as noted above. The other student may not appeal seeking a
reduction of the sanctions and cannot appeal a decision holding a student
responsible or not responsible for a violation.
As the chief judicial officer, the Vice President and Dean of Students may
review and adjust the decisions or sanctions of any judicial authority.
Grounds for appealing a judicial decision are:

Breach of procedure in the manner in which published
judicial procedures are administered. A breach of procedure
would include those outlined under the campus judicial
system in the handbook, the published guidelines governing
the Community Board and Greek Standards Board, the
hearing procedures, and statements of student or
organizational rights in a hearing. In order for an appeal to be
granted on the basis of breach of procedure, it must be
determined that the breach substantively impacted the
outcome of the hearing.

Severity of disciplinary measures exceed the nature of the
offense.
A student who has admitted to the violation(s) may appeal only the
sanctions imposed, since the formal hearing process was not
implemented.
Appeals of decisions administered by a Residence Hall Coordinator
should be addressed to the Director of Residence Life. Appeals of
decisions administered by the Director of Residence Life or Assistant
Dean of Students should be submitted to the Vice President and Dean of
Students. In cases that were heard by the Community Board, appeals
should be addressed to the Vice President of Student Affairs Dean of
Students. If the case was adjudicated by the Vice President of Student
Affairs and dean of students or the Vice President’s designee, appeals
would be heard by the Community Board. Cases heard by the Greek
Standards Board are appealed to the Vice President of Student Affairs and
Dean of Students. There are no other appeal options. If the student or
group was found to be “responsible” in a formal hearing and wishes to
register an appeal, the accused will be permitted to review the formal
hearing record upon request. Formal hearing records can be reviewed in
the Student Affairs office during normal business hours.
The appropriate person will review the case relative to the grounds on
which the appeal was submitted to determine if there are grounds for an
appeal. If there are none, the authority will notify the appellant of that
decision and that the judicial decision(s) previously made remain.
If it is determined that there are grounds, the review authority will review all
the materials provided, consider the key points of the case, and ascertain
if any further information is required to make a decision such as a review
of additional records or meeting with the appellant, the hearing
officer/board or witnesses. The review authority is not required to meet
with anyone to render a decision and does not conduct a hearing.
The review authority has three options: sustain the previous decision(s),
overturn the previous decision(s), or adjust the sanction(s) imposed.
However, in cases where the appellant has admitted responsibility for a
violation, that admission of responsibility cannot be changed by the review
authority. The review authority will convey any decisions made to the
appellant in writing within three business days of making its decision.
13.
1.
Franklin College Community Board Information
Purposes and Authority. When the board hears a case,
it will determine whether or not a violation of the code of
conduct has occurred and will determine appropriate
disciplinary action (sanction/s). The Community Board also
reviews appeals of judicial decisions of the Vice President and
Dean of Students as outlined in section 15, Appeals
2.
Composition. The Community Board is comprised of
faculty, staff and students who have been appointed to the
College’s Student Life Committee which is also the
Community Board. The Student Life Committee has three
student members appointed by Student Congress, at least
two faculty appointed by the Faculty Steering Committee, and
two staff members appointed by the Vice President and Dean
of Students. Student justices must be enrolled full-time at the
college and must be in good academic and social standing.
3.
Presiding Officer. The Student Congress Chief Justice
or a designated alternate from the Community Board serves
as the presiding officer.
Hearing Panels. Each time there is a need for a formal hearing panel, at
least two faculty or staff members and two students serve on the panel,
including the presiding officer.
4.
Hearing Procedures. Each hearing shall be conducted
according to the following outline:
a. Call to order and introductions
b. Statement of purpose for hearing and verification of
receipt of notice
c. Disposition of any procedural questions
d. Opening statements (college, then accused)
e. Presentation of college‘s evidence (accused may question
college‘s witnesses or examine other evidence)
f. Presentation of evidence by the accused (college
representative may question witnesses or examine other
evidence presented by accused)
g. Rebuttal (college or the accused may offer witnesses or
evidence in rebuttal to the other‘s presentation)
h. Closing statements (college, then the accused)
i. Executive session (justices will privately deliberate)
j.
k.
Delivery of findings and recommendations to Student
Affairs (within 48 hours of hearing‘s close, unless unusual
circumstances prevail)
Within 48 hours of receipt of findings and
recommendations, the Dean of Students will deliver a
final, written outcome to the student(s).
Hearing Records. Each hearing panel will appoint a recorder whose
responsibility will be to preserve a record of the proceedings. This is
usually accomplished by electronic audio recording.