Annual Security Report
Ashland Community & Technical College Annual Security Report 2023 for Calendar Year 2022
Ashland Community & Technical College is a two-year college that has been serving the Ashland area since 1938. It is one of sixteen colleges that make up the Kentucky Community and Technical College System (KCTCS). The college has three campuses in Boyd County, Kentucky.
- College Drive Campus (CDC)
1400 College Drive - Ashland, KY 41101
- Roberts Drive Campus (RDC)
4700 Roberts Drive - Ashland, KY 41102
- Technology Drive Campus (TDC)
902 Technology Drive - Grayson, KY 41102
This report is being made to comply with the federal Jeanne Clery Act. This is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies.
This report is prepared by the Clery compliance team that includes Jim Fox (Director of Technology Solutions and Safety/Security), Boyd County Deputy Sheriff Tim Wallin, and John Pancake (Maintenance and Operations). The team utilizes resources from college reports, daily crime logs, 911 dispatch, and through ongoing relationships with other emergency management and first responding agencies as necessary.
Each college of the Kentucky Community and Technical College System is responsible for the preparation of the Annual Security Report in cooperation with Legal Affairs, Campus Security Authorities, and local police agencies. The statistics include alleged and attempted crimes. All crimes reported in “good faith” and occurring on-campus, on public property surrounding our campuses, or in off campus college-owned buildings or property is recorded for inclusion in the annual crime statistics. This report provides statistics for the previous three academic years. The statistics are requested annually from local law enforcement agencies and submitted to the Director of Safety and Security for collection and analysis. For statistical purposes, crime statistics reported to any of these sources are recorded in the calendar year the crime was reported.
The report includes statistics submitted by Legal Affairs, Student Affairs, Human Resources, Campus Security Authorities, and local law enforcement agencies. These reports are reviewed and if reportable under the Clery Act, are included in the annual statistics. Police arrest statistics and campus disciplinary referral data for weapons violations, drug violations and liquor law violations are analyzed by Campus Security to avoid duplicated reporting. Our colleges do not have any student organizations at Off-Campus locations, therefore incidents related to off-campus activities of student organizations are not reported.
All of these statistics are gathered, compiled and reported to the campus community via the Annual Security Report which is published each year. Campus Security submits the annual crime statistics published in this report to the Department of Education (ED) each year. The statistical information gathered by the Department of Education is available to the public through the ED web site.
By October 1 of each year, all enrolled students and employees receive an email notification regarding a summary of the content and the availability of the report via the college website, as well as how to request a printed copy of the report. Prospective students and employees receive information regarding the report from the Director of Safety and Security.
Campus Security Authorities are defined as individuals having significant responsibility for student activities, including administrators and student services personnel such as, college Deans, Directors, Legal Affairs, athletic team coaches, and faculty and/or student advisors. Although crimes should be reported to campus security or the Title IX Coordinator (sexual violence only), if these individuals receive a report of a crime listed under the Clery Act they are obligated to report it to campus security for purposes of disclosure in the annual crime statistics.
KCTCS colleges do not have a campus police department. No campus personnel, have arresting powers. If physical measures are needed to ensure the safety and security of persons on campus, state or local police agencies shall be contacted.
While there are no MOUs with local or state enforcement agencies , KCTCS Colleges, college Deans, Technology Solutions and Facilities Management maintain a strong working relationship with state and local police through training, meetings and communicating with local and state police agencies in the investigation of criminal offenses.
Campus Security Authorities are defined by the federal government as:
An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline and campus judicial proceedings.
Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property). A campus police department or a campus security department of an institution. Ashland Community & Technical College Campus Security Authorities include, but are not limited to:
- Dean of Student Affairs
- Dean of Academic Affairs
- Dean of Business Affairs
- Director of Safety and Security
- Director of Technology Solutions
- Dean of Institutional Effectiveness
- Security Personnel
This list of campus security authorities is subject to modification and is not intended to be all inclusive, due to changes in functions and responsibilities of employees within the college. The purpose of allowing confidential reporting is to ensure future safety of others, determine a pattern of crime, and possible danger to the college campus locations. Confidential reports are included in the college’s annual crime statistics.
Off-Campus Student Organizations
ACTC does not have any recognized student organizations at off-campus locations.
ACTC does not operate student housing facilities.
Students, staff, faculty, and guests are strongly encouraged to promptly report all criminal actions or other emergencies occurring on campus to college Deans, Director of Safety and Security, or campus security or local police agencies, if necessary.
Crimes should be reported to the Director of Safety and Security for purposes of assessing the crime, for distributing potential timely warning notices, and for disclosure in the annual crime statistics. Crime reporting is critical as it may prevent future crimes, protects the community, and increases the likelihood of apprehension and adjudication of perpetrators.
Although Campus Security strives to maintain a safe and open environment for victims to report crimes, individuals may not feel comfortable contacting the police. In these instances, reporting to other campus security authorities are available. As an example, sex offenses may be reported to the college Title IX Coordinator.
Visitors, students, faculty and staff are encouraged to report all crimes and emergencies by dialing 911. If you are the victim of a crime and do not want to pursue action with college’s student judicial system or criminal justice system, you may still report in a confidential manner the details of the incident to the college’s assigned Boyd County Deputy Sheriff, Director of Safety and Security, campus security, or the college’s campus security authority personnel.
In the event of a campus crime or emergency, the following procedures are encouraged to be used:
- Dial 911
- After dialing 911, the person reporting the incident is encouraged to notify the college’s
assigned Boyd County Deputy Sheriff (606) 326-2483. This may be done by:
- Dialing the Deputy Sheriff’s number directly (606) 326-2483
- Contacting the college’s contracted security personnel CDC (606) 326-2176, RDC (606) 326-2256 or TDC (606) 326-2276
- Contacting an employee at the college who can contact the assigned Deputy Sheriff
- Email firstname.lastname@example.org
ACTC does not have pastoral counselors or professional counselors on staff.
In some cases, the Director of Safety and Security (or equivalent official) will make timely warning reports to members of the campus community regarding criminal activity. The criminal activity must be serious in nature and likely to pose an ongoing or continued threat to the safety of students, staff, faculty, and guests. The decision to make a timely warning report will be made by the college Deans, Director of Safety and Security, and Facilities Management or his/her designee. Notification is generally made through a campus-wide email bulletin to all members of the campus community. Flyers may also be placed in the common areas of the buildings used by the campus community. Timely warning information may be posted on the applicable KCTCS college websites and/or digital banners.
It is the consistent practice of the KCTCS community to notify college Deans, Director of Safety and Security, or campus security and/or designee, who then confers as necessary with appropriate KCTCS System Office administrators, Legal counsel and neighboring law enforcement agencies after a violent crime or Clery Act crime is reported. This is done to determine if the circumstances and facts represent a serious or ongoing threat to members of the community.
The college Deans, Director of Safety and Security, or campus security or his/her designee will prepare and arrange to disseminate a timely warning as soon as pertinent information and resources are available. The Dean, IT and Facilities Management is primarily responsible for issuing timely warnings; warnings may be developed in partnership with appropriate campus departments, KCTCS Office of General Counsel, and KCTCS Safety and Emergency Services. The crime bulletin is reviewed and approved for release by Campus Security, Marketing and Communications, KCTCS Office of General Counsel or some combination. This collaboration is sometimes necessary bulletin for crimes of a more serious or immediate nature to prepare consistent information for release on the website and/or digital signage to the campus community.
Methods that may be used for a timely warning may include but are not limited to and depending on the circumstances:
- College email (all current students and employees have a college email account) email@example.com
- SNAP Notification and Alert system that students and employees have enrolled to receive messages either by phone, text message and email. To enroll in the SNAP alert system go to https://kctcs.edu/about/safety-security/snap/index.aspx
- Public address system for all three campuses. • Television monitors on CDC and TDC • Electronic sign on CDC
The Director of Technology Solutions also serves as the Director of Safety and Security. The director coordinates and works with the assigned Boyd County Deputy Sheriff and contracted security guard service to promote a safe and secure environment. Campus facilities are accessible for academic, training, recreational, and administrative purposes. The campuses are also accessible by the public. Only authorized employees have keys to facilities. During non-business hours, security guards check the facilities to verify they are secure. The maintenance and operations department maintain and repair any potential safety and security hazards.
The contracted security officers on campus regularly check the entire campus for safety and security related items such as adequate lighting both indoors and outdoors, water or ice formation in walkways about campus, etc. These issues are reported to the Maintenance department for repairs when needed and noted on the security log.
KCTCS makes every effort to ensure that the campus facilities and grounds are designed and maintained to promote safety, prevent crime, and minimize hazardous conditions. Attention is paid to the design and maintenance of facilities, landscaping and exterior lighting. The Maintenance and Operations (M&O) Dept. maintains the buildings and grounds. Campus facilities are inspected on a regular basis and repairs impacting safety and security are made promptly. Campus M&O are mindful of security and safety concerns, keeping vegetation controlled around lighting fixtures and along campus walkways and roadways on a regular schedule. Strategies and concepts of crime prevention through environmental design are considered in the design and construction of new facilities.
M&O personnel regularly patrols the campus and reports malfunctioning lights and other unsafe physical conditions to M&O Supervisor for correction. We encourage community members to promptly report any security concern, including concerns about locking mechanisms, lighting, or landscaping to the Campus Security Authorities.
Campus Law Enforcement
The college has a formal agreement with the Boyd County Sheriff to assign a Deputy to the college. The deputy patrols all three campus locations. Additionally the college has contracted security who may ask for identification of persons on campus to determine whether individuals have lawful business with the college, issue parking tickets, and work closely with local law enforcement agencies. The contracted security personnel do not have police authority. The college enjoys an excellent working relationship with other area law enforcement agencies, but the college does not operate under a signed agreement with them.
Kentucky State Police and Ashland Police Department provide training to employees when requested by the college. These organizations along with the contracted Deputy Sheriff work together in investigating crimes on our campuses.
Security Awareness Programs
The Crisis Action Plan is available on the college website for easy access by students, employees, and the public. Crime awareness and campus security information is provided to students during orientation. The Crisis Action Plan is also distributed to employees and students electronically.
Crime Prevention Programs
The college provides students with crime prevention information during new student orientation. Additionally, new students are provided with an on-line student handbook which also addresses general safety tips such as “stay alert and tune in to your surroundings.”
The college provides many situational awareness trainings for students, faculty and staff on a regular basis. The training sessions are generally customized for each campus and class they are provided for. Examples of these trainings include: Crime Prevention, Notification, Emergency Notifications, CSAs, etc.
Employees are provided with general crime prevention techniques as well as a review of the college’s Crisis Management Plan during the college’s in-service day held prior to the start of the fall semester of each new academic year.
KCTCS Drug and Alcohol Policy
KCTCS is committed to providing a healthy and safe environment for its students, faculty, and staff. KCTCS has defined conduct in relation to the unlawful possession, use, dispensation, distribution, or manufacture of alcohol or illicit drugs. Conduct which is in violation of this definition poses unacceptable risks and disregard for the health, safety, and welfare of members of the KCTCS community and shall result in disciplinary action up to and including suspension or termination.
As a recipient of federal grants and contracts, KCTCS gives this notice to students, faculty, and staff that it is in compliance with, and shall continue to be in compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989. Students, faculty and staff are herein notified of the standards of conduct which shall be applicable while on KCTCS property, on KCTCS business, and/or at KCTCS sponsored activities.
Under KCTCS policies and procedures, students who violate this standard of conduct are subject to disciplinary action from a minimum of a warning to a maximum of suspension from KCTCS.
Faculty and staff are subject to disciplinary action from a minimum of a warning to a maximum of termination from KCTCS employment.
Under state and federal drug laws, the gravity of the sanction depends on the classification of the controlled substance, the particular activity involved (possession or trafficking which includes manufacture, sale, and possession with intent to sell), and whether or not multiple convictions are involved.
Under Kentucky law, the most severe penalty for a drug law violation involves trafficking. On a first offense conviction, one may receive a fine of up to $10,000.00 and/or a sentence of up to ten years in the penitentiary; for subsequent offenses, the penalties may be doubled.
Under federal law, for simple possession of a controlled substance, one may be imprisoned for up to one (1) year and/or fined up to $1,000.00. For subsequent offenses, one may be imprisoned for up to three (3) years and/or fined up to $5,000.00. Under federal law, one may be fined up to $8,000,000.00 and/or may be sentenced from not less than 10 years up to life in prison for drug trafficking. For violations of other federal drug laws, one may receive life in prison or the death penalty.
Under both state and federal laws, one may suffer the loss of whatever property (house, farm) or possessions (vehicle) which one may have used in the drug trade.
Sanctions for violation of state alcohol laws vary from a fine of $10.00 to $2,000.00, a sentence of forty-eight (48) hours to twelve (12) months in jail, and/or suspension of one's operator's license.
Drug and Alcohol Abuse Programs
Students are encouraged to contact the Counseling Department for information and appropriate referrals.
Other counseling, treatment, and rehabilitation services are available in the Big Sandy area.
The College has an “Employee Assistance Program” available to all employees should assistance be needed for drug or alcohol abuse. This program is provided free of charge to employees and is confidential.
Mountain Comprehensive Care Center
Sexual Misconduct Policy Statements
The Kentucky Community and Technical College System is committed to creating and maintaining a community where all persons who participate in college programs and activities can work and learn together in an atmosphere free of sexual misconduct. Therefore, KCTCS will not tolerate sexual misconduct as defined in this its policies and procedures. Such acts are prohibited by KCTCS policy and procedure, as well as state and federal law. Persons whom KCTCS determines more likely than not have violated this procedure are subject to penalties up to and including expulsion or separation from KCTCS, regardless of whether they are also facing related criminal or civil charges before a government agency or court of law.
The KCTCS Title IX Sexual Harassment and Misconduct Procedure applies to KCTCS students, faculty, and staff, as well as third parties who interact with the KCTCS community, and all KCTCS -sponsored programs, events, and activities, regardless of where the alleged sexual misconduct occurs. KCTCS will respond promptly and effectively to reports of sexual misconduct, and will take appropriate action to prevent, to correct and, when appropriate, to discipline behavior that violates this procedure on sexual misconduct. KCTCS also will take steps in the event of sexual misconduct to remedy its discriminatory effects on the complainant and others, if appropriate. Provisions for the investigation and resolution of allegations covered in the procedure and its appendices.
The KCTCS President (or his designee) is responsible for ensuring this procedure is implemented at the KCTCS System Office and delegates to each College President/CEO (or designees) the responsibility to ensure this procedure is implemented consistently at the college.
The KCTCS Title IX Sexual Harassment and Misconduct Procedure governs KCTCS’ prohibition of sexual misconduct, dating violence, domestic violence, sexual assault, and stalking.
These policies and procedures address the legal definition of those terms, the definition of consent, safe and positive options for bystander intervention, information on risk reduction, and policies and procedures should an incident of sexual misconduct occur.
Through enforcement of policy and by education of students, employees and volunteers, KCTCS seeks to prevent, correct, and discipline behavior that violates our current and new policies. To ensure a harassment- free workplace, KCTCS mandates the following:
- All employees complete applicable components of the mandatory KCTCS Harassment-Free Workplace Training program when initially hired and annually thereafter; additionally, volunteers must complete the training program when they begin their service.
- All employees, students, volunteers, customers, vendors, visitors, and other individuals shall engage in proper behavior and interactions.
- All supervisors, managers, and administrators shall take appropriate steps to report alleged incidents of harassment.
Upon receiving a complaint or becoming aware of suspect behavior, KCTCS officials shall take appropriate follow-up action for any alleged incidents of harassment. All students, employees and volunteers, particularly supervisors, have a responsibility to keep our environment free of harassment. Any student, employee or volunteer who becomes aware of an incident of alleged harassment, whether by witnessing the incident or being told of it, shall report it to an immediate supervisor, the Title IX Coordinator, human resources staff, or the designated management representative with whom they feel comfortable.
When supervisors or managers become aware of alleged harassment, it is KCTCS policy that they immediately notify the college Title IX Coordinator, the college Human Resources Office, the KCTCS Human Resources Office, or KCTCS Office of General Counsel in order for the claim to be fully investigated.
Description of Primary and Ongoing Sexual Assault Awareness and Prevention Training:
In order to raise awareness around the issues of domestic violence, dating violence, stalking, and sexual assault KCTCS offers online training to all students and employees through Vector Solutions.
KCTCS colleges employ the messaging framework of the national ‘It’s On Us’ campaign to raise awareness of the program availability and increase participation rates. Vector Solutions training is available to both employees and students at all times. Employees are required to complete these components as part of their annual mandatory training. Student and employee training address the following topics:
Dating Violence (as defined in the Violence Against Women Act (VAWA)):
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
- The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under VAWA’s definition of domestic violence.
Domestic Violence (as defined in VAWA):
Domestic violence is a felony or misdemeanor crime of violence committed by—
A current or former spouse or intimate partner of the victim;
A person with whom the victim shares a child in common;
A person who is cohabitating with, or has 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 in which the crime of violence occurred, or
Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Stalking (as defined in VAWA):
To "stalk" means to engage in an intentional course of conduct directed at a specific person or persons that would cause a reasonable person to:
- fear for his or her safety or the safety of others; or
- suffer substantial emotional distress.
Sexual Assault (as defined in the Clery Act):
This can include any sexual act directed against another person, without the victim’s consent, including instances where the victim is incapable of giving consent. It can also include the following:
- Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the victim’s consent (see below for KCTCS’ definition of consent), including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental incapacity.
- Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.
- Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the victim’s consent.
Lack of Consent (KRS 510.020):
Lack of consent results from:
- Forcible compulsion;
- Incapacity to consent; or
- If the offense charged is sexual abuse, any circumstance in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.
A person is deemed incapable of consent when he or she is:
- Less than sixteen (16) years old;
- An individual with an intellectual disability or an individual that suffers from a mental illness;
- Mentally incapacitated;
- Physically helpless; or
- Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency.
Safe and Positive Options for Bystander Intervention:
Information on safe and positive options for bystander intervention was presented through the lens of social norms and dispelled the myth that most students wouldn’t act if they saw a situation that was potential leading up to a sexual misconduct assault. Options for bystander intervention included direct intervention, distraction, and delegation.
Information on Risk Reduction:
Vector Solutions delivers risk reduction information without using language victim-shaming language. It encourages students to look out for one an- other and stand up and speak out when they see an abusive situation occurring. The program also provides a variety of tips to keep students mindful of their surroundings when at social events.
Reporting Procedures for Sexual Misconduct:
Importance of preserving evidence
It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/ area where they were assaulted if the offense occurred within the past 120 hours so that evidence may be pre- served. This evidence may also assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. In circum- stances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to college hearing boards/investigators or police.
How and to whom
KCTCS strongly encourages all individuals to report incidents of harassment, sexual assault, domestic violence, dating violence, and stalking to their college’s Title IX Coordinator and/or local police. Reports can be made to the Title IX Coordinator by phone, email, or in person. Reports can also be made anonymously through Ethics Point.
When an individual files a report of sexual misconduct to a Title IX Coordinator the complainant and respondent will be provided a written explanation outlining the following:
- Existing counseling, health, mental health, victim advocacy, legal assistance, financial aid, and other services available both within the institution and in the community,
- Notification to victims about options for, available assistance in, and how to request changes in aca- demic, transportation, working situations or protective measures. These accommodations are available to complainants even if they choose not to purse disciplinary actions.
- An explanation of the procedures in the disciplinary action process,
- An explanation of the student or employee’s rights and options.
Options about the involvement of law enforcement
All individuals who make a report of sexual misconduct to their college’s Title IX Coordinator hold the right to decide whether to file a report with local law enforcement. They may choose to notify local police independently, request assistance from the college to file a police report, or decline to notify such authorities.
While KCTCS ultimately respects the rights of the complainant’s decision to involve local police authorities there may be some circumstances that pose an on- going threat to the health and safety of the campus community that may warrant a police investigation. In these rare cases, a complainant still maintains the right to decide whether or not to cooperate with those authorities.
Rights of Victims – Institutional Responsibilities for EPOs
It is the responsibility of students, faculty and staff with emergency protective orders to bring this to the attention of college administrators. When this occurs, the college will attempt to assist in maintaining this protective order by calling local authorities should an individual violate this order. If an individual is violating an emergency protective order on a KCTCS campus, we encourage the EPO holder to notify police and/or campus security immediately.
KCTCS seeks to respect requests for confidentiality in its response to incidents of discrimination, harassment, and retaliation. However, it may be necessary to reveal certain personally identifying information to investigate and address complaints effectively. In such cases, the college takes steps to ensure that information is only shared as necessary, on a need-to-know basis, to resolve the underlying allegations.
College employees, including faculty, administrators, staff, and student employees, must report to the Title IX Coordinator any incidents of possible sexual harassment, sex discrimination, or retaliation on campus of which they are aware.
In every report of sexual misconduct, KCTCS will make a prompt assessment of whether the report concerns conduct covered by KCTCS’s sexual misconduct procedure. KCTCS will also assess any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim protective measures to provide for the safety of the individual and the campus community.
The initial steps for responding to reports of prohibited conduct are the same whether the Respondent is a student, employee, or guest. Formal complaints for violations of the Title IX Sexual Harassment and Misconduct Procedure may result in a Formal Grievance Hearing. Other KCTCS policies and procedures may apply if the conduct is not within the scope of Title IX.
When addressing reports of prohibited conduct, KCTCS is also required to balance individuals’ rights of free expression and academic freedom
In every report of sexual harassment or misconduct, KCTCS will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks. These steps may include interim protective measures to provide for the safety of the individual and the campus community.
When the Initial Title IX Assessment concludes that an investigation is required, KCTCS will designate an investigator(s) with specific training and experience investigating allegations of sexual harassment and sexual misconduct. KCTCS may use a team of multiple investigators, which may include the College Human Resources Director with a System Office investigator, or two System Office investigators, or outside investigators working on behalf of KCTCS.
The investigation will be an objective fact-gathering process conducted in a thorough, impartial, and fair manner. The investigation will be respectful of individual privacy but must be performed in a manner that will ensure KCTCS’ compliance with all state and federal laws, including affording due process to the parties.
KCTCS will seek to complete the investigation within 20 (twenty) business days of receiving the complaint. This time frame may be extended depending on the circumstances of each case. At the conclusion of the investigation, the investigators will forward the report to the System Office Title IX Committee for review and evaluation.
When an investigation demonstrates that sufficient evidence exists that a violation of policy and procedure has occurred, KCTCS will initiate the Formal Grievance Hearing Procedure.
Informal resolution is strictly voluntary process that aims to provide a mutually acceptable alternative to a full investigation and adjudication. Informal Resolution is not an option for complaints involving student allegations of prohibited conduct by employees. Where the Title IX assessment concludes that informal resolution may be appropriate, KCTCS will take immediate action to protect the rights of the Complainant and remediate and correct the policy violations leading to the complaint.
KCTCS seeks to resolve all reports within 60 days of the initial report. All time frames expressed in this policy are guidelines rather than rigid requirements. Extenuating circumstances may arise that require the extension of time frames, including extension beyond 60 days. Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a con- current criminal investigation, any intervening school break or vacation, or other unforeseen circumstances.
Prompt, Fair, and Impartial Process
KCTCS seeks to resolve all cases of sexual misconduct in a manner that is prompt, fair, and impartial by ensuring the following rights and options are reserved for both the complainant and the respondent:
- The complainant and respondent will be provided the same opportunities to have others present during any institutional investigation or disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. Different requirements apply to advisors during the investigation process versus during the hearing process, please see the procedure for details.
- Both parties will receive notifications for each step of the process in accordance with the procedural requirements.
Sanctions for Policy Violation for Students:
Students found responsible for policy violations can result in the following sanctions:
- Reprimand: Official written or oral statement to the student that he or she is guilty of violating a college regulation. A reprimand warns that any further such actions may result in a more severe sanction.
- Restitution: Compensation to the college for damages to college property.
- Social Probation: Status given to less serious policy violations, and in some cases, a restriction of privileges for a specified time.
- College/Community Service: Service to the college or community of up to 16 hours be served within a specified time frame.
- Educational Sanction: An educational sanction requiring attendance or participation in a pre-arranged class, program, or activity designed to prevent or deal with high-risk behavior.
- Counseling: Student may be referred to counseling evaluation on appointment by Counseling Services.
- Eviction: Forced removal from a classroom or other college property.
- College Probation: Status that carries a severe warning that any further violation of college regulations that may result in the student going before the College Appeals Board for consideration of suspension or expulsion. This may include restrictions of privileges for a specified period of time.
- Suspension: Forced withdrawal from the college for a specified period of time or until stated conditions have been met as determined by the College Appeals Board. College will place the Student Dean Hold service indica- tor for no future enrollments at the Home College or other KCTCS college during the specified period of time or until stated conditions had been met.
- Immediate Suspension: A student may be suspended immediately when:
- In the judgment of the chief executive officer (upon consultation with the chief student affairs officer), the presence of the student poses a serious threat to persons and/or property provided informal opportunity is first given to the student, except in the case of exigent circumstances, to discuss the matter and possible resolution.
- The student refuses to cease disruptive behavior or conduct in violation of this policy after direct orders from the chief executive officer (upon consultation with the chief student affair’s officer).
- When such suspension is involved, the student must leave the campus immediately. Students
re- fusing to do so will be removed by law enforcement authorities and charged with
When a student is placed on immediate suspension, a disciplinary hearing will be held at the earliest reasonable time (see Student Code of Conduct Section 3.6.).
- Expulsion: Permanent, forced withdrawal from the college as determined by the College Appeals Board.
Supportive Measures: Upon receipt of a report of prohibited conduct, KCTCS may offer and enact supportive measures to restore or preserve equal access to education programs or activities, to protect the safety of the educational environment, and/or to deter sexual harassment.
- Supportive measures are non-disciplinary, non-punitive individualized services offered
as reasonably appropriate and available without fee or charge. Supportive measures
may be provided regardless of whether a Formal Complaint has been filed or formal
disciplinary action is sought or pursued against the Respondent. Both Complainant
and Respondent are eligible for appropriate supportive measures. Such measures may
include, but are not limited to:
- referral to counseling services and other resources,
- extensions of deadlines or other course-related adjustments,
- modifications of work or class schedules, campus escort services,
- mutual restrictions on contact between the parties,
- changes in work or class locations, leaves of absence,
- increased security and monitoring of certain areas of the campus, and other similar measures that can be tailored to the involved individuals to ensure equal access.
- Supportive measures will be kept confidential to the extent possible, but some measures may require information to be provided to parties who are not involved with the report of prohibited conduct—for example, in order to receive flexibility on coursework, faculty may be notified that the student is experiencing a Title IX-related issue and requires extended time. As another example, supervisors may be notified that an employee’s Title IX-related issue requires additional approved leave or a flexible work schedule. Details of the issue itself would not be included in such notice. The Title IX Coordinator will coordinate and implement supportive measures.
- The Title IX Coordinator will promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint.
- The Title IX Coordinator will also promptly offer the Respondent appropriate supportive measures if a Formal Complaint is filed.
SEX OFFENDER REGISTRY
In compliance with the Federal Campus Sex Crimes Prevention Act of 2000, KCTCS, through the Kentucky State Police, makes information available to the campus community concerning registered sex offenders who may be employees or students at your college.
The Kentucky State Police provides sex crime offender registration information to the public through the Sex Offender Registry website. Search the KSP Sex Offender Registry Website.
According to the Kentucky State Police, this website is for public safety and awareness. Pursuant to KRS 525.070 and 525.080, use of information from this website to harass a sex offender is a criminal offense punishable by up to 90 days in the county jail. More severe penalties apply for more severe crimes committed against a sex offender.
Security and Crisis Management
KCTCS Safety and Emergency Services assists Campus Security departments with developing, maintaining, and implementing emergency operations plans, developing and conducting exercises, hazard and risk education, and building partnerships with external response agencies. KCTCS Procedure 523-P is followed for Critical Incidents and other preparedness measures.
The System Office Crisis Management Team staffs the System Office Emergency Operations Center (EOC) and may be activated to provide resource and support services to college EOC, if needed. The System Office Crisis Management Team is equipped to provide the following services to colleges when requested:
- Public and media relations support
- Facilities support
- Temporary alteration of administrative and business policies and procedures
- Procurement of resource and support services
- After-action incident evaluation
Not all incidents will require an activation of your EOC. For smaller, routine campus incidents response operations may be managed virtually by several members of your Crisis Management Team.
Emergency Action Plans detailing evacuation routes are provided in every building and classroom on KCTCS campuses.
KCTCS regularly works with local law enforcement to ensure any incidents reported in the area, that may affect the college, are communicated.
KCTCS uses a Safety Notification Alert Process (SNAP) for communication information quickly. Students are automatically signed up when they enroll at an KCTCS college. Faculty, staff and interested individuals can sign up to receive SNAP messages online.
In the event of an incident that requires the immediate notification to the campus community, a SNAP Alert will be issued, that will provide text, voice, broadcast and e-mail messages to all members of the college community. Face-to-face communication will be used in the event technology fails.
Each KCTCS College has a SNAP Team and uses a consultation approach to confirm there is a significant emergency or dangerous situation involving an immediate threat to the health or safety of student or employees occurring on campus. The college President is responsible for confirming an emergency, with the assistance of college administrators, local first responders and/or the national weather service. Upon confirmation, the college will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency.
The KCTCS College team and/or designated personnel, when possible, will determine the content of the notification, considering the scope of the notification based on the segment of the community at risk (e.g. targeted areas, campus wide, building specific)
The following personnel have the authority to activate an emergency notification in the event of an emergency, immediate threat, hazardous condition, natural disaster or other critical incident:
SNAP Team Members by Title
- President's Leadership Team
- Director of Technology Solutions and Safety/Security
- School Resource Officer or Deputy Sheriff
- Human Resources Director
- M&O Director
Support from the college's Technology Solutions department may be used to activate and send SNAP messages as needed.
SNAP is not the only means the College uses to communicate emergency information to the College community. KCTCS Colleges may use their website, local TV, radio, newspaper, and various social media.
Follow-up information will be provided to the campus community using some or all of the systems described above. The larger community, parents, neighbors, and other interested parties can access emergency information through the college website or the media.
Training, Drills, and Exercises
Each semester, the campuses conducts drills, exercises and appropriate follow-up training. These activities are designed to improve emergency response on an ongoing basis. After action report briefings and corrective actions plans are developed and conducted for each exercise or activation. Documentation of past exercises which include exercise descriptions, date, time, whether the exercise was announced/unannounced are available for review upon request. Contact the M&O office for more information or to make a request.
The IT Department documents and files each SNAP Alert test. This includes a description of the drill or exercise, date, time of test, and how the test was announced or it was unannounced.
ANNUAL CRIME STATISTICS
Disclosure and Format of Annual Crime Statistics
KCTCS Colleges maintain a Daily Crime Log of all crimes reported or investigated to the department for the most recent 60-day period. The information includes the date, time, location, nature of the crime and disposition of the complaint. The log is available in-person during normal business operations through the college's safety and security office. The log is also posted to the college website. In the event there is an issue with the electronic log at the college, KCTCS has a centralized site where crime log information can be obtained.
The Michael Minger Act is a Kentucky state law that requires public colleges and universities as well as private institutions licensed by the Kentucky Council on Postsecondary Education (CPE) to report campus crimes to their employees, students and the public on a timely basis.
The Clery Act requires each institution to disclose crime statistics that occur on three types of property: On Campus, Non-Campus, and Public Property areas. The statistics must be gathered from campus security, local law enforcement, and campus security authorities.
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