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.
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