Student Code of Conduct & Title IX

Student Code of Conduct

The purpose of the Student Code of Conduct at Kellogg Community College (KCC) is to foster a positive and safe learning environment for the College community by clearly articulating conduct prohibited by the College and identifying the rights of individuals in the process consistent with that purpose. The College makes reasonable efforts to foster the personal and social development of those students who are held accountable for violations of the Student Code of Conduct, or any KCC policies and regulations, by providing appropriate due process and educational responses to violations of policies.

The Student Code of Conduct applies to individuals from the time that an offer of admission is extended and thereafter as long as the individual has a continuing educational interest in the College; this individual is referred to as “student”. It also applies to guests of members of the College community whose hosts may be held accountable for the misconduct of their guests. The Student Code of Conduct may also be applied to high school bridge/extension/partner programs including, but not limited to, dual enrollment and Early College. Registered Student Organizations (RSOs) are held accountable to the Student Code of Conduct. The Student Code of Conduct does not have jurisdiction over the visitors or guests; KCC Public Safety can and will address the misconduct of visitors and guests. 

KCC upholds all federal, state, and local laws and expects students to abide by such laws. The College reserves the right to hold students accountable for violations of federal, state, and local laws when the conduct has a direct impact on the College or the college community. Additionally, students are expected to comply with the Student Code of Conduct, and any specific regulations adopted by KCC.

The following acts of prohibited conduct apply to all college-related events, whether the offense takes place on college premises or at college-sponsored, endorsed, supported, or related events which occur off-campus, or when an offense that occurs off-campus may adversely affect any interest or mission of the College. All issues of sexual misconduct involving students that occur off-campus will be considered under the jurisdiction of this Code and will be appropriately addressed.

Prohibited Conduct

A student or Registered Student Organization, who commits any of the following acts of misconduct shall be subject to disciplinary action. KCC disciplinary proceedings may be instituted against a student charged with violation of a law, which is also a violation of the Student Code of Conduct. For example, if both violations result from the same factual situation, proceedings under the Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings.

Actions of prohibited conduct include, but are not limited to, the following:

• Academic Dishonesty - Any violation of the Academic Integrity Policy.
• Acts of Dishonesty - (1) Misrepresentation of facts or intentionally furnishing false information to any KCC employee in any oral or written transaction with the College; making a false statement which materially interferes with college processes or procedures. (2) Forgery, alteration, or misuse of any KCC document, record, or instrument of identification. (3) Withholding material information from college processes and/or officials.
• Amnesty in Sexual Misconduct Cases - An individual who, in good faith reports any form of sexual misconduct, including sexual harassment and sexual violence, or any individual who provides witness statements related to a sexual misconduct matter will not be subject to disciplinary action for violations related to consumption of alcohol and/or drug use policies occurring at the time of the sexual violence. Amnesty may also be granted for other violations of the Student Code of Conduct, depending on the severity of the violation.
• Animals - Animals are prohibited in KCC facilities, with the exception of specially trained working service dogs for persons with a disability. Specially trained working service dogs must be under the control of the handler at all times. If it is not apparent the animal is trained to help, College staff may ask whether the animal is required because of a disability and what work or task the animal has been trained to perform.
• Bullying - Bullying is systematic intentional behavior that may take many forms, including but not limited to, repeated unwanted physical, verbal, or written acts which are hostile or offensive, targeted at an individual or group and creates an intimidating and/or threatening environment which produces a risk of psychological and/or physical harm. Bullying may manifest as cyber stalking or cyber bullying as well as excluding behaviors such as ignoring or dismissing individuals or groups.   See the Harassment Policy for complete details. Hostile behaviors include, but are not limited to, inappropriate behaviors that are harmful or damaging to an individual and/or property. Behaviors that are intimidating, threatening, disruptive, humiliating, sarcastic, or vicious may also constitute hostile behavior. Offensive behaviors may include, but are not limited to, inappropriate behaviors such as abusive language, derogatory remarks, insults, or epithets. Other offensive behaviors may include the use of condescending, humiliating, or vulgar language, swearing, shouting or use of unsuitable language, use of obscene gestures, or mocking.
• Children and Dependent Adults on Campus - Any person who brings with them a minor child or dependent adult to any KCC facility or property is responsible for the actions of the minor child or dependent adult. Minor children and dependent adults are not to be left unattended (including in automobiles). These children and dependent adults may not be taken to classrooms, laboratories, testing, or clinical sessions. If children and dependent adults are left unattended or create a disturbance to the orderly functioning of KCC, the person responsible will be required to remove them from campus.
• Computer Misuse - Violations of KCC’s Acceptable Use of Technology Policy (see Policies ).
• Discrimination - Engaging in discrimination against other persons on the basis of national or ethnic origin, ethnicity, race, ancestry, color, sex (sex or gender, affiliation, expression or orientation), marital/family status, age, physical or mental ability or attributes, genetic information, political affiliation, veteran status, religion, or any other characteristic covered by law. This includes any crime motivated by such discrimination. Discrimination occurs when the conduct is directed toward an individual or group of individuals based on their protected status and is severe, persistent, and objectively offensive sufficient to limit or deny that individual or group of individuals their rights to their education, participation in activities, or receipt of benefits to which they are entitled.
• Disruptive Behavior - Intentional or reckless interference with KCC activities, campus safety, or the management of the classroom including the overall learning environment of the College. Intentional misuse of College equipment including third party vending and teller machines.
• Drug and Alcohol Policy - The unauthorized use, possession, sale, manufacture or distribution of illegal drugs, controlled substances, look-a-like drugs, narcotics, drug paraphernalia, alcoholic beverages, or being under the influence of the same while on KCC premises, at KCC-sponsored activities, engaged in coursework, or conducting any college-related business.
• Endangerment - The creation of a hazard endangering the physical safety of self or others by engaging in a dangerous activity or using hazardous materials or chemicals; interference with the freedom of another person to move about in a lawful manner on KCC premises or at KCC sponsored events.
• Failure to Comply with Official Requests - Students and registered student organizations are expected to comply with and respond appropriately to the reasonable and lawful requests of college officials in the performance of their duties. A failure to properly comply with a verbal warning or a sanction may also be considered a failure to comply with an official request.
• False Alarm and Reports - Intentionally initiating or causing to be initiated any false alarm, report, or warning of any kind on KCC premises or at KCC sponsored activities.
• Financial Aid Fraud - Perceived, attempted, or actual financial aid fraud or corresponding behaviors that would allow a student to receive a monetary benefit for which they are not eligible.
• Fire Alarms and Emergency Procedures - Students are required to evacuate any building when a fire alarm is sounded and to follow emergency procedures as instructed by college officials.
• Fire Hazard - No person shall start a fire or create a fire hazard on college property without authorization. This regulation also prohibits the possession and/or use of candles, torches, incense and/or incense burners, other open flame apparatus, as well as extension cords and other devices or materials which may create a fire hazard if used without authorization or in unauthorized areas.
• Gambling - Encouraging, promoting, or participating in unauthorized gambling on KCC premises or at KCC sponsored events is prohibited.
• Harassment - Participating in any form of harassment defined as any verbal or physical conduct that shows hostility, intimidation, threat, or aversion toward an individual which includes, but is not limited to, actions based on the basis of national or ethnic origin, ethnicity, race, ancestry, color, sex (sex or gender, affiliation, expression or orientation), marital/family status, age, physical or mental ability or attributes, genetic information, political affiliation, veteran status, religion, or any other characteristic covered by law.
• Hazing - Any acts which are hazing in nature committed by a person, whether individually or in concert with others, against a student in connection with being initiated into, affiliating with, holding office in, participating in, or maintaining membership in any organization or team affiliated with the College. This includes acts intended to have the effect of, or should reasonably be expected to have the effect of, humiliating, intimidating, or demeaning the student or endangering the mental or physical health of the student. Hazing also includes soliciting, directing, aiding, or otherwise participating actively or passively in the above acts.
• Obstruction/Abuse of Student Code of Conduct Process - (1) Failure to comply with the Student Code of Conduct process; (2) Falsification, distortion, or misrepresentation of information; (3) Disruption or interference with the orderly process of a discipline hearing; (4) Attempting to influence, intimidate, or discourage an individual’s participation throughout the conduct process directly or indirectly; and/or (5) Attempting to influence the impartiality of a conduct officer or Appeal Board committee member.
• Retaliation - Taking adverse action against someone who is participating in the Student Code of Conduct process.
• Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct - Participating in any form of sex/gender-based harassment, discrimination, and/ or sexual misconduct (see Title IX - Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct).
• Smoking and Tobacco - Smoking, including the use of e-cigarettes, in campus areas other than permitted designated locations; any use of tobacco products in any KCC facility or on campus (see Policies ).
• Soliciting - Active commercial solicitation on college-owned property is prohibited unless the activity is specifically authorized by the College (see Policies ).
• Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) Fear for his or her safety or the safety of others. (2) Suffer substantial emotional distress. Stalking is a willful course of conduct involving repeated or continuous harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
• Student ID - Lending a KCC Student ID to anyone for any reason not authorized by the College. Failing to present an ID when requested by a College official acting in the performance of his or her duties, or possessing or using a fraudulent ID card, may subject the owner and/or the holder to disciplinary action.
• Theft - Attempted or actual theft of college property, the property of a member of the KCC community, or the property of an authorized campus visitor.
• Unauthorized Presence/Use of College Facilities - Unauthorized entry into, presence in, or use of college facilities or equipment which has not been reserved or accessed through appropriate College officials.
• Vandalism - Attempted or actual damage to or destruction of KCC property, the property of a member of the KCC community, or the property of an authorized campus visitor. This includes actions that have the potential for such damage or destruction and conduct which threatens to damage or creates hazardous conditions.
• Violence - Participating in any form of violence, the threat of violence, or causing reasonable concern of such harm.
• Voyeurism - Spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other actions usually considered to be of a private nature.
• Weapons - The unauthorized possession or use of firearms, or weapons of any other kind is prohibited on campus. The use or display of any object or instrument in a dangerous or threatening manner directed toward others.

Due Process Proceedings 

KCC upholds the principles of due process in all actions related to this policy. The process provides students notice of and an opportunity to respond to allegations of violations of the Student Code of Conduct. (Due process for allegations of sexual harassment or other forms of sexual misconduct or sexual violence (i.e. Title IX violations) is found under Title IX - Sex/Gender-based Harassment, Discrimination, and Sexual Misconduct.

Reporting Party - The person alleging a policy violation and to whom the violation occurred is referred to as the reporting party.

Responding Party - The person who is alleged to have violated policy is referred to as the responding party.

Third-Party Reporter - An individual who reports an alleged policy violation, but who is not the recipient of such actions.

Complaint Procedure

All persons should report alleged policy violations and any other concerning behavior to College personnel. Reports should be submitted online at Report an Incident.

• Students may also notify any College employee when an allegation of a violation occurs. In such cases, the College employee may have a responsibility to report the information to the appropriate entities.
• Emergency situations should be reported directly to KCC Public Safety at 269-965-4147, by calling 911, or using any of the yellow call boxes located across the College.

Once an incident is reported, the following steps will be taken:

• The Dean of Student Services (or designee) will review the incident report and take the following steps to determine the appropriate response to the report:
  1. Determine if the facts provided in the incident report fall within the Student Code of Conduct.
     • If it does not immediately appear to fall within the jurisdiction of this Code, the incident report may be addressed by:
       1. Engaging in a preliminary inquiry to gather additional facts;
       2. Referral to another office or department for further resolution; and/or,
       3. Providing an informal administrative resolution.
     • If the facts provided in the incident report fall within the Student Code of Conduct, the following steps will be taken:
       1. Notify the responding party of the allegation(s); and, 
       2. Provide the responding party with an opportunity to respond to the allegation(s). 
  2. At any point, the Dean of Student Services (or designee) may determine to open a formal investigation. In such cases, the Dean of Student Services (or designee) may serve as the investigator or may assign the case to an investigator(s).

Investigation Procedure

• The investigator(s) will commence a thorough, reliable, and impartial investigation which may include document gathering, interviews, and other relevant evidence.
• Interviews will be conducted, as needed, with the reporting party(s), responding party(s), and/or other identified witnesses or parties with first-hand knowledge of the alleged event(s). Information gathered during interviews will be compiled along with other relevant evidence that may exist.
• The investigator(s) will provide a summary report of the investigation to the Dean of Student Services along with a verbal recommendation and rationale for a finding.
• The Dean of Student Services (or designee) reserves the right to conduct further or additional interviews.

Determining Responsibility and Sanctions

• Applying a preponderance of the evidence (a measure of: more likely than not), the Dean of Student Services (or designee) shall assess all the information and determine whether a violation of the Student Code of Conduct did occur.
• The responding party(s) will receive notice of the findings by the Dean of Student Services. This notice will include the determination of whether a violation occurred or not and any sanction(s) applied for the violation(s) along with information regarding the appeal process.
  • When appropriate, the reporting party(s) may receive a findings notice as well when the findings and/or sanction(s) are appropriate to share. 
  • Third-party reporters, whether an employee or student, do not have the same rights as the primary parties and may not receive notice regarding the outcome of their report or any subsequent investigation or finding.

Requesting an Appeal

The responding and reporting party(s) will have five (5) business days to request an appeal of the decision of the Dean of Student Services, Title IX Coordinator’s determination, and/or resolution. Third-party reporters do not have appeal rights.

The original finding and sanction will stand if the appeal request is not timely or substantively eligible, and that decision is final.

During an appeal, the sanctions imposed will remain in effect.

The party requesting an appeal must show clear error as to the original finding and/ or a compelling justification to modify a sanction, as both the finding and sanction(s) are presumed to have been decided reasonably and appropriately.

All appeal requests must be made in writing to the Vice President for Student & Community Services or designee and based on one of the following elements:

• A procedural or substantive error occurred that significantly impacted the outcome of the investigation (e.g. substantiated bias, material deviation from established procedures, etc);
• To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; or
• The sanctions imposed are substantially disproportionate to the severity of the violation.

The appeal request will be considered to determine if the appeal documentation meets the criteria for an appeal consideration. If the appeal is determined to meet the criteria for considerations, the non-appealing party (responder or reporter) shall be provided a copy of the appeal and have two business days to file a rebuttal of the appeal (the non-appealing party may waive that right). The appeal documentation along with any rebuttal is then forwarded for consideration to the Student Code of Conduct Review Panel.

Student Code of Conduct Review Panel

• The Student Code of Conduct Review Panel (Review Panel) is convened by the Vice President (or designee). All efforts will be made to convene the Review Panel within five (5) business days of receipt of the appeal and accompanying documentation.
• Review Panel members will include up to three (3) KCC employees and may include up to two (2) currently enrolled students, with the exception of Title IX violations. No person who is personally involved in a particular case will be a member of the Review Panel to consider that case.
• The Review Panel shall be provided with the relevant and material portions of the investigation file for review including the investigator’s report and the documentation for the appeal, as well as a rebuttal statement, if filed.
• The Review deliberations are closed to the public to maintain confidentiality. The Review Panel may request to speak with the reporting party(s), responding party(s), witnesses, or any other person to clarify information.

The decision of the Review Panel may include:

• Refer the case back to the Dean of Student Services or Title IX Coordinator based on:

1. New evidence submitted in the appeal which could substantially impact the original finding or sanction.
2. Procedural or substantial error requiring further action to correct the error.

• Uphold the decision that the responding party(s) violated the Student Code of Conduct and uphold the sanction(s) imposed.
• Uphold the decision that the responding party(s) violated the Student Code of Conduct, but reduce the sanction(s) imposed because the sanction(s) are too severe.

All decisions of the Review Panel will be accompanied by the rationale for their decision provided in sufficient detail for the party(s) to have a clear understanding of the basis for the decision.

• The party(s) shall be notified of the Student Code of Conduct Review Panel decision in writing within five (5) business days.
• The decision of the Student Code of Conduct Review Panel is final and binding upon all involved.

Sanctions

The following corrective actions, singly or in combination, may be imposed when a student or Registered Student Organization (RSO) is found responsible for a violation(s) of the Student Code of Conduct policies, any KCC policies, and/or any KCC regulations. Violation of an imposed sanction is grounds for additional sanctions including suspension, dismissal, or expulsion from the College.

Administrative Course Withdrawal - Administrative withdrawal from any course as a result of a violation of the Student Code of Conduct. The student remains responsible for the course(s) monetarily, and the action will result in a grade of “W” (Withdrawal) or “F” (Failure) on the student’s academic record.

Warning - A verbal or written warning that the Student Code of Conduct has been violated and that continued misconduct may be cause for more severe actions.

Probation - Probation is for a designated period of time and further violation may result in more severe action.

Interim Action - The Dean of Student Services (or designee) may take interim action against a student or RSO pending the completion of an investigation. At the discretion of the College, interim action may include, but are not limited to: temporary no-contact order, alternative course completion options, changing of class and/or work schedules, limited access to campus facilities, providing an escort, and/or any other remedy that can be tailored to the students in order to achieve the goals of this policy.

Interim Suspension - The Chief of Police (or designee) may interim suspend a student pending the completion of an investigation, particularly when the safety of the College and/or members of the campus community may be jeopardized by the on-campus presence of the responding party(s). Interim suspension is immediate and will last until the threat has been fully assessed, as determined by the Chief of Police (or designee). At the discretion of the College, the responding party may be denied access to the college campus/facilities/events, and alternative coursework options may be pursued to ensure as minimal an impact as possible on the student.

Suspension - Separation from KCC for up to one year during which time the student shall not participate in any college-sponsored activities and/or may be barred from college premises. At the conclusion of the suspension, the student is eligible to make written request for readmission to the College. Readmission is not automatic, may be granted with conditions, and will be considered along with incidents that may have occurred during the suspension status.

Dismissal - Permanent separation from the college which may include being barred from college premises and/or college-sponsored activities.

Expulsion - Permanent expulsion from college including employment, using college services, participating in college-sponsored activities, appearing on campus or at college-owned facilities, or representing the college in any manner.

Loss of Privileges - Denial of specific privileges for a designated period of time.

Restitution - Requirement to make payment to KCC or to other persons, groups, or organizations for monetary damages incurred as a result of a violation of the Student Code of Conduct. When appropriate, restitution may take the form of appropriate community service or other compensation.

No Contact Order - Prohibited contact between students when there exists a reasonable concern that physical or psychological harm may result from such contact.

Other Sanctions - Other sanctions may include, but are not limited to, recommendations for counseling and/or psychiatric assessments, specific behavior-related courses, educational or rehabilitative programs, or community service projects.

Academic Integrity Policy

Ethical conduct is the obligation of every member of the KCC community. Breaches of academic integrity constitute serious breaches of ethical conduct. Academic integrity requires that all academic work be wholly the product of an identified individual or individuals. This policy demonstrates KCC’s concern for academic integrity and guarantees a fair procedure for handling these concerns.

The definitions and guidelines presented here represent specific policy for the entire institution, but individual faculty members are encouraged to clarify in their course outlines any policies or procedures particular to their course. Academic honesty is, nonetheless, always assumed in an educational institution whether specifically stated or not.

Violations of Academic Integrity

The following acts of misconduct are subject to disciplinary action. The examples provided are illustrative and do not necessarily exhaust the scope of these violations.

• Cheating - Cheating includes, but is not limited to:

1. Use of any unauthorized assistance in taking quizzes, tests, or examinations;
2. Dependence upon the aid of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; or
3. The acquisition, without permission, of tests or other academic material belonging to a member of KCC faculty or staff.

• Denying Others Access to Information or Material - It is a violation of academic integrity to deny others access to scholarly resources or to deliberately impede the progress of another student. Examples of offenses of this type include giving other students false or misleading information; making library material unavailable to others by stealing, defacing books, or journals; or by deliberately misplacing or destroying reserved materials; stealing another’s paper or project; or altering computer files that belong to another.
• Fabrication - Fabrication is the falsification or citation in an academic exercise. Invented information may not be used in any laboratory experiment or other academic exercise without authorization from the instructor. For example, it is improper to analyze one sample in an experiment and covertly invent data based on that single experiment for several more required analyses.
• Facilitating Academic Dishonesty - Students who knowingly or negligently allow their work to be used by other students or who otherwise aid others in academic dishonesty are violating academic integrity.
• Plagiarism - Plagiarism is the representation of the words or ideas of another as one’s own in any academic exercise. To avoid plagiarism, every direct quotation must be identified by quotation marks or by appropriate indentation and must be promptly cited in the text or in a footnote. Acknowledgment is required when material from another source is paraphrased or summarized in whole or in part in one’s own work. The correct form for documenting direct quotations and for acknowledging paraphrased material may be found in numerous writing manuals or handbooks. The faculty in English at KCC endorses the MLA style which is incorporated into and explained in several texts available in the Bruin Bookstore or library. Other styles include the Kate L. Turabian Students’ Guide for Writing College Papers and the Publication Manual of the American Psychological Association. Please ask your instructor for guidance in selecting a style for documenting the words or ideas of another person.

Academic Integrity Procedure

• Instructor reviews information and determines whether there is sufficient reason to proceed with the charge of academic integrity violation.
• Instructor discusses the matter with the student and provides an opportunity for the student to accept or deny responsibility for violation of the academic integrity policy.
• Instructor imposes one of the following penalties within the confines of the course:
  • Grade of zero on the assignment
  • Requirement of an alternate assignment
  • Failure of the course
• Instructor submits assignments, papers, and/or projects reflecting the academic integrity violation.
• Academic dean sends a notice to the student, faculty member, and the department chair/director stating the formal charges and consequences along with the appropriate sanction outlined below:
  • First Violation - Warning
  • Second Violation - Probation (up to one year)
  • Third Violation - Suspension (up to one year)
  • Fourth Violation - Dismissal
• If the student contests the sanction(s) imposed, they will have five (5) days after notification to submit a request in writing to move forward with the Student Code of Conduct Review Panel.

Title IX - Sex/Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy

The policy of Kellogg Community College is zero tolerance to all forms of discrimination, harassment, violence, and other forms of abusive behavior, physical or verbal, by any persons on its property, in its facilities, or elsewhere when conducting its business and at KCC sponsored activities.

No person in the U S shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any education program or activities receiving Federal financial assistance.

Title IX of the Education Amendment of 1972, and its implementation regulation at 34 C.F.R. Park 108 (Title IX).

Members of the college community, guests, and visitors have the right to be free from all forms of sex/gender harassment, discrimination and misconduct, examples of which can include acts of sexual violence, sexual harassment, domestic violence, dating violence, and stalking. All members of the college community are to conduct themselves in a manner that does not infringe upon the rights of others.

Zero tolerance means that when an allegation of misconduct is brought to the attention of any KCC faculty, staff, or Title IX team member, protective and other remedial measures will be used to reasonably ensure that such conduct ends, is not repeated, and the effects on the victim and community are remedied, including serious sanctions when a responding party is found to have violated this policy. The College uses the preponderance of the evidence (also known as “more likely than not”) as a standard for proof of whether a violation occurred.

The College’s sex/gender harassment, discrimination and misconduct policies are not meant to inhibit or prohibit educational content or discussions inside or outside of the classroom that include controversial or sensitive subject matters protected by academic freedom. Academic freedom extends to topics that are pedagogically appropriate and germane to the subject matter of courses, or that touch on academic exploration of matters of public concern even when those topics may be challenging or provocative.

Title IX Team

The College’s Title IX Coordinator oversees compliance with all aspects of the sex/gender harassment, discrimination, and misconduct policy. Direct questions about this policy to the Title IX Coordinator. Anyone wishing to make a report relating to discrimination or harassment may do so by reporting the concern using the online form at Report an Incident.

Title IX Coordinator - Ali Robertson, Human Resources Office
Whitmore Administration Building
PHONE 269-965-4152
EMAIL robertsona@kellogg.edu

Title IX Deputy Coordinator - Terah Zaremba, Student & Community Services Division
Roll Building
PHONE 269-565-2603
EMAIL zarembat@kellogg.edu

Title IX Deputy Coordinator - Gwyn James, Student & Community Services Division
Roll Building
PHONE 269-565-7899
EMAIL jamesg@kellogg.edu

Title IX Deputy - Vicki Rivera, Human Resources Office
Whitmore Administration Building
PHONE 269-565-7931
EMAIL riverav@kellogg.edu

Title IX Investigator - Austin Simons, KCC Public Safety
Lane-Thomas Building
PHONE 269-565-7895
EMAIL simonsa2@kellogg.edu

Title IX Investigator - Marc Pierce, KCC Public Safety
Lane-Thomas Building
PHONE 269-565-2113
EMAIL piercem2@kellogg.edu

Individuals experiencing harassment or discrimination also always have the right to file a formal grievance with government authorities:

Michigan Department of Civil Rights
110 W. Michigan Avenue, Ste. 800
Lansing, MI 48933

U.S. Department of Justice
Civil Rights Division
Educational Opportunities Section, PHB
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Incidents involving alleged misconduct by the Title IX Coordinator are made directly to the Vice President for Student and Community Services.

Overview of Policy Expectations with Respect to Physical Sexual Misconduct

Consent is sexual permission. The expectations of our community regarding consent can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing (or affirmative, conscious) and voluntary consent prior to and during sexual activity. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you do not. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Previous consent does not imply consent to sexual activity in the future. Silence or passivity – without actions demonstrating permission – cannot be assumed to show consent. Consent, once given, can be withdrawn at any time. There must be a clear indication that consent is being withdrawn. Under this policy, “No” always means “No,” and “Yes” may not always mean “Yes.” Anything but a clear, knowing, and voluntary consent to any sexual activity is equivalent to a “No.”

• Consent is clear, knowing, voluntary, affirmative, and conscious words or actions that give permission for specific sexual activity.
• Consent is active, not passive.
• Silence, in and of itself, cannot be interpreted as consent.
• Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.
• Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
• Previous relationships or prior consent cannot imply consent to future sexual acts.
• Consent can be withdrawn once given, as long as that withdrawal is clearly communicated.
• In order to give consent, one must be of legal age.
• Sexual activity with someone you know to be, or should know to be, incapacitated constitutes a violation of this policy.
• Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.
• The question of what the responding party should have known is objectively based on what a reasonable person in the place of the responding party, sober and exercising good judgment, would have known about the condition of the reporting party.
• Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction).

This policy is applicable regardless of the sexual orientation and/or gender identity of individuals engaging in sexual activity. Offenses may also be assessed under college policies related to violence.

This policy covers a person whose incapacity results from mental disability, sleep, unconsciousness, involuntary physical restraint, or from the taking of rape drugs. Possession, use, and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy. 

Additionally, there is a difference between seduction and coercion. An unwelcome advance that results in a welcome encounter is seduction. An unwelcome advance that results in an unwelcome encounter is coercive. Coercing someone into sexual activity violates this policy in the same way as physically forcing someone into sex. Coercion happens when someone is pressured unreasonably for sex.

• Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes intentional threats, intimidation (implied threats), and coercion that overcomes an individual’s free will or resistance or that produces consent but does not result in valid consent.
• Coercion is an unreasonable amount of pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

NOTE: There is no requirement for a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

Because alcohol or other drug use can place the capacity to consent in question, sober sex is less likely to raise such questions. When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing.

• Use of alcohol or other drugs will never function to excuse any behavior that violates this policy.

Overview of Policy Expectations with Respect to Consensual Relationships

There are inherent risks in any romantic or sexual relationship between individuals in unequal positions of power or authority (such as teacher and student, supervisor and employee). These relationships may be less consensual than perceived by the individual whose position confers power. Each of the parties, particularly in retrospect, also may view the relationship in different ways. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome. Even when both parties have consented at the outset to a romantic or sexual involvement, this past consent may not remove grounds for a later charge of a violation of College policy.

Sexual Misconduct Offenses Include, but are not limited to:

Sexual Harassment - Unwelcome sexual, sex-based and/or gender-based verbal, written, online, and/or physical conduct. May take the form of quid pro quo harassment, retaliatory harassment, and/or create a hostile environment.

A hostile environment is created when sexual harassment is sufficiently severe, persistent, or pervasive and objectively offensive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the College’s educational and/or employment, or social program.

Quid Pro Quo Harassment

• Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
• By a person having power or authority over another constitutes sexual harassment.
• When submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s education or employment progress, development, or performance.
  • This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational [or employment] program.

Non-Consensual Sexual Contact - Any intentional sexual touching, however slight, with any object by a person upon another person that is without consent and/or by force, or attempts to commit the same.

Examples include, but are not limited to:

• Intentional contact with the breasts, buttock, groin, genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or
• Any other intentional bodily contact in a sexual manner.

Non-Consensual Sexual Intercourse - Any sexual intercourse, however slight, with any object by a person upon another person that is without consent and/or by force, or attempts to commit the same.

Examples include, but are not limited to:

• Vaginal or anal penetration by a penis, object, tongue or finger, and oral copulation (mouth to genital contact), no matter how slight the penetration or contact.

Sexual Exploitation - Occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.

Examples include, but are limited to:

• Invasion of sexual privacy;
• Prostituting another person;
• Non-consensual digital, video, or audio recording of nudity or sexual activity;
• Unauthorized sharing or distribution of digital, video, or audio recording of nudity or sexual activity;
• Engaging in voyeurism;
• Going beyond the boundaries of consent (such as letting your friend hide in the closet to watch you having consensual sex);
• Knowingly exposing someone to or transmitting an STI, STD, or HIV to another person;
• Intentionally or recklessly exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Other Misconduct Offenses (will fall under Title IX when sex or gender-based)

1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits, or opportunities on the basis of sex or gender;
3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy);
5. Bullying, defined as repeated and/or severe aggressive behavior which is likely to intimidate or intentionally hurt, control, or diminish another person, physically or mentally, that is not speech or conduct otherwise protected by the First Amendment;
6. Intimate Partner Violence, defined as violence or abuse between those in an intimate relationship to each other;
7. Stalking, defined as a course of conduct directed at a specific person on the basis of actual or perceived membership in a protected class, that is unwelcome and would cause a reasonable person to feel fear. Stalking refers to repetitive and menacing pursuit/following which is harassing and/or interfering with the peace and/or safety of another.

Any other College policies may fall within this section when a violation is motivated by the actual or perceived membership of the reporting party’s sex or gender.

Retaliation

Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity [subject to limitations imposed by the First Amendment and/or Academic Freedom]. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of College policy.

Sanctioning for Sexual Misconduct

Sanctions and disciplinary action may be imposed upon any member of the community found to have violated the Sex/Gender Harassment, Discrimination, and Misconduct Policy.

Sanctions for violation of the Student Code of Conduct, which includes this policy, are found in this Handbook.

Sanctions for employee violations(s) of this policy are issued by the Chief Human Resources Officer. 

Formal Reporting Options

All college employees have a duty to report unless they fall under the “Confidential Reporting” section (see below). Employees must share all the details of the reports they receive with the Title IX Coordinator and/or Deputy Coordinators. Generally, climate surveys, classroom writing assignments, human subjects research, or events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported. Employees are responsible to maintain confidentiality and not share the information with persons other than the Title IX team.

If a victim does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the victim may make such a request to the Title IX Coordinator, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating a pattern, predatory behavior, threat, weapons and/or violence, the College will likely be unable to honor a request for confidentiality. In cases where the victim requests confidentiality and the circumstances allow the College to honor that request, the College will offer interim supports and remedies to the victim and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have reports taken seriously by the College when formally reported, and to have those incidents investigated and properly resolved through these procedures.

Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to staff working in Title IX, student conduct, KCC Public Safety, and the Threat Assessment and Behavioral Intervention Team. Information will be shared as necessary with investigators, witnesses, and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy.

Failure of a non-confidential employee, as described in this section, to report an incident or incidents of sex or gender harassment or discrimination of which they become aware, is a violation of College policy and can be subject to disciplinary action for failure to comply with College policies. This policy also precludes employees from sharing information regarding an incident with others who do not have a need to know, and doing so can result in disciplinary action for the employee.

Confidentiality and Reporting

Students may talk with a KCC counselor to seek assistance and support without triggering a college investigation that could reveal the victim’s identity or that the victim has disclosed the incident. Counselors are not required to report any information about an incident without a victim’s permission.

KCC employees have the same confidential reporting option with the College’s Employee Assistance Program.

A victim who wants to maintain confidentiality must understand that the College will be unable to conduct an investigation into the particular incident or pursue disciplinary action. Persons who at first request confidentiality may later decide to file a complaint with the College or report the incident to local law enforcement, and thus have the incident fully investigated.

Requests for confidentiality may not be granted where state law or professional licensing mandates reporting in extreme cases of immediate threat or danger, imminent harm to self or others, or abuse of a minor.

Investigation and Resolution Process

The College does not permit discrimination or harassment in its programs and activities on the basis of national or ethnic origin, ethnicity, race, ancestry, color, sex (sex or gender, affiliation, expression or orientation), marital/family status, age, physical or mental ability or attributes, genetic information, political affiliation, veteran status, religion, or any other characteristic protected by college policy or state, local, or federal law.

This investigation and resolution process applies to any member of the college community who engages in discrimination or harassment. The Title IX Coordinator (or designee) is designated to formally investigate reports or notice of discrimination and/or harassment, to address inquiries, and coordinate the College’s compliance efforts regarding reports. The process involves a prompt preliminary inquiry to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. If so, the College will initiate an investigation that is thorough, reliable, impartial, prompt, and fair to determine whether the College nondiscrimination policy has been violated. If a violation is found, the College will promptly implement an effective remedy designed to address the violation, prevent its recurrence, and address its effects.

Process Timeline

The College aims to bring all allegations to a resolution within a sixty (60) business day time period, which can be extended as necessary for appropriate cause by the Title IX Coordinator or designee with notice to the parties:

Preliminary Inquiry

The Title IX Coordinator (or designee) may provide interim remedies intended to address the short-term effects of harassment, discrimination, and/or retaliation. The College will keep interim remedies and actions as private as possible.

These remedies may include, but are not limited to:

• Referral to counseling, community, and health services
• Referral to the Employee Assistance Program
• Education to the community
• Altering work arrangements for employees
• Altering class arrangements for students
• Providing campus escorts
• Implementing appropriate safety provisions
• Implementing contact limitations between the parties
• Interim Suspension for the student, student organization, or employee

Investigation and Findings

The Title IX Coordinator or designee appoints trained investigators (typically using a team of two investigators), to conduct the investigation. All investigations will be thorough, reliable and impartial, and will entail interviews with all relevant parties and witnesses, obtaining available evidence and identifying sources of expert information, if necessary.

Reporting Party - The person alleging a policy violation and to whom the violation occurred is referred to as the reporting party. 

Responding Party - The person who is alleged to have violated policy is referred to as the responding party.

Third-Party - An individual who reports an alleged policy violation, but who is not the recipient of such actions.

The investigator will take the following steps (not necessarily in order):

• In coordination with campus partners (e.g.: the campus Title IX Coordinator), initiate any necessary remedial actions;
• Determine the identity and contact information of the reporting party;
• Immediately conduct an initial inquiry to determine if there is reasonable cause to bring a formal allegation against the responding party, and what policy violations should be alleged:
  • If there is insufficient evidence to support the reasonable cause, the report should be closed with no further action;
• Identify the exact policies allegedly violated;
• Meet with the reporting party to finalize their statement;
• Prepare the notice of formal allegation on the basis of the initial inquiry;
• Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended timeframe, and order of interviews for all witnesses and the responding party, who may be given notice prior to or at the time of the interview;
• Provide regular updates to both the reporting and responding parties, as appropriate, throughout the investigation;
• Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not).

Determination and Resolution

At any point during the investigation, if it is determined there is no reasonable cause to believe that college policy has been violated, the Title IX Coordinator or designee has the authority to terminate the investigation and end resolution proceedings.

All parties will receive written notification of the outcome, to the extent permitted by or mandated by law, without undue delay between the notifications. The notification will include the finding, sanction(s), rationale for the decision, and appeal options and processes.

Where the responding party is found not responsible for the alleged violation(s), the investigation will be closed.

Where a violation is found for a student, the Dean of Student Services or designee will impose appropriate sanction(s) for the violation, after consultation with the Title IX Coordinator, when applicable.

The College’s resolution will not typically be altered or precluded on the grounds that civil or criminal charges involving the same incident have been filed or that charges have been dismissed or reduced. However, the College may undertake a short delay (several days to weeks) in its investigation or resolution process, to comply with a law enforcement request for cooperation (e.g.: to allow for criminal evidence collection) when criminal charges on the basis of the same behaviors that invoke this process are being investigated. The College will promptly resume its investigation and processes once notified by law enforcement that the initial evidence collection process is complete.

Requesting an Appeal

Title IX uses the same appeal process as the Student Code of Conduct (see Requesting an Appeal).

Participation of Advisors in the Resolution Process

All parties are entitled to an advisor of their choosing to guide and accompany them throughout the campus resolution process. People who are involved in the matter or may be called as witnesses may not serve as advisors.

The parties must advise the investigators of the identity of their advisor at least two (2) business days before the date of their first meeting with investigators. The parties must provide subsequent timely notice to the investigators if they change advisors at any time. No audio or video recording of any kind other than as required by institutional procedure is permitted during meetings with campus officials.

The parties are entitled to be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present, including intake, interviews, and appeals. Advisors may not present on behalf of their advisee, should help their advisees prepare for each meeting, and are expected to advise ethically, with integrity, and in good faith. The College cannot guarantee equal advisory rights, meaning that if one party selects an advisor (or advocate) who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide one.

Advisors are subject to campus rules and are expected to refrain from interference with the College investigation and resolution. Any advisor who steps out of their role in any meeting under the campus resolution process will be warned once and only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting. When an advisor is removed from a meeting, that meeting will typically continue without the advisor present. Subsequently, the Title IX Coordinator (or designee) will determine whether the advisor may be reinstated, may be replaced by a different advisor, or whether the party will forfeit the right to an advisor for the remainder of the process.

Parties are not restricted from discussing and sharing information relating to allegations with their advisor. Advisors are expected to maintain the privacy of the records, records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the College. The College may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.