Sexual Violence Community Resources Brochure
Discrimination, Harassment, Retaliation, and Sexual Assault Policy
Sexual Assault
Sexual Assault is violation of the law and will not be tolerated
Contrary to popular belief, sex-based crimes are among the most frequently committed offenses (we know this from the National Crime Victimization Surveys over time). However, because victims are often unable or unwilling to report such a crime (or even old enough to realize that a crime was committed against them), it remains one of the most UNDER-reported person to person crimes. Sexual Assault is a violation of the law and will not be tolerated. Clarendon College Police Department are committed to ensuring a safe environment on all campuses that is free from acts of intimidation or the fear of falling victim to sexual assault.
There are no definite rules to avoid becoming a victim of acquaintance/date rape. However, if expectations and feelings about sex are clearly communicated, rape is less likely to happen. Here are some suggestions that will help clarify relationships.
- Be careful not to let alcohol or other drugs decrease your ability to take care of yourself and make sensible decisions.
- Trust your gut feelings. If a place or the way your date acts makes you nervous or uneasy, get out.
- Check out a first date or a blind date with friends. Meet in and go to public places. Carry money for a phone call or taxi or take your own car.
- Don't leave a social event with someone you've just met or don't know well.
- Do not accept beverages from someone you don't know and trust. Always watch your drink and never leave it unattended.
- Be assertive. Express your expectations and feelings clearly. Stand up for your rights without violating those of others.
- Communicate clearly. Realize that it takes effort for two people to understand each other. Rape can happen when two people have different expectations and desires. For example, the man may think the woman is playing hard to get when she really means no.
- Take responsibility. Say "YES" if you mean "YES" and "NO" if you mean "NO" and know the difference.
- Before you end up in a situation in which you are vulnerable, think about your alternatives.
Sexual Assault Reporting Procedures
Persons who have been sexually assaulted or who have been the victim of any type of sex offense should immediately report the incident. The following is strongly suggested:
- Get to a safe place.
- Call 911. Immediately!
- If you are not sure about prosecution, but you might want to prosecute later, you are encouraged to file a police report and you have the right to change your mind and not pursue a criminal complaint.
- If you are not sure what to do, you can call:
- Tralee Crisis Center which services the Clarendon, Pampa and Childress campuses on the 24hour hotline at 806-669-1788.The advocate will provide you with options and you will not need to give your name.
- Amarillo Rape Crisis Center for the Amarillo Campus at 806-359-6699. The advocate will provide you with options and you will not need to give your name.
- Do not bathe, shower, douche, change your clothes or disturb anything at the crime scene. Extremely valuable physical evidence can be obtained from you, your clothing, and objects at the crime scene.
- If you do not wish to make a report to the police, you are still encouraged to seek professional medical advice. It is important not to forget the possibility of sexually transmitted diseases and/or pregnancy.
- If you are a female victim and feel more comfortable talking with a female officer you will be accommodated.
Immediate Concerns after Sexual Assault
A victim's immediate concerns after a sexual assault should be their health and safety. The VERY first thing to do is get medical attention. In the past, the only place to go was to your local hospital. Now, more and more cities have sexual assault centers that can provide advanced treatment to victims in a more private and much less hectic setting. Call your local rape crisis center - they can help arrange for transportation and get the ball rolling to get specially trained nurse examiners on the way to assist you. You can always decide later whether or not to file a police report, but you absolutely MUST get medical care as soon as possible because:
- you may need immediate medical attention due to injuries you can't feel
- tests for pregnancy, venereal disease, and AIDS should be done
- medical evidence is extremely helpful IF you decide to prosecute and this is your ONLY time to collect it
A medical history will be necessary in order medical personnel to identify any medical conditions that could affect your treatment. This will include allergies, prescription and non-prescription medications, major illnesses; and for women, any use of birth control, a gynecological history, menstrual status and date of last period.
You may choose to request a rape exam, which is a thorough exam including the collection of forensic evidence. If you think that you might want to pursue legal action either immediately or in the future, such as prosecution, it is in your best interest to request a rape exam so that physical evidence can be collected in a timely fashion. If you do not want the rape exam, you can request that only a medical exam be performed.
A Survivors Rights
A sexual assault survivor has a legal right to:
- Make the decision whether to file a police report or information report.
- Be provided with written notice of crime victims' rights and information and referrals, including a referral to a sexual assault program, at initial contact with law enforcement.
- Sensitive and skilled treatment in Texas emergency rooms.
- Refuse to take a lie detector test.
- Use a pseudonym and have her or his name, address and phone number kept out of court files relating to the case.
- Reimbursement, through Crime Victim's Compensation Program, for financial losses resulting from the criminal conduct, including medical costs, moving costs and lost wages.
- Have her or his attacker tested for HIV and receive notice of the test results after indictment.
- Have her or his safety considered when bail is set.
- Be notified of all legal proceedings, including parole proceedings, after making a written report.
- A private waiting area, separate from other witnesses, before testifying in court.
- Write a victim impact statement and have the statement considered during punishment and parole proceedings.
- Have to option for academic and on-campus living situations changed when those options are reasonably available.
- Upon meeting certain eligibility requirements, maintain a confidential address through the Texas Address Confidentiality Program.Sexual Assault — Physical Evidence
The timely preservation of physical evidence is essential to the successful prosecution of most sex offenses. Considering the time sensitive nature regarding the preservation and collection of such evidence, it is essential that the campus police department be contacted as soon as possible. Due to the sophisticated investigative resources required to properly investigate certain sex crimes local law enforcement agencies are tasked in conducting these investigations.
Since a good part of the evidence for prosecution of a sexual assault is medical evidence obtained from the victim, it is vital that the victim gets medical treatment as soon as possible and does not bathe, shower, douche, or change clothes until given permission by medical personnel. If possible, it is also very helpful if the victim refrains from using the bathroom, gargling or drinking.
Upon arrival at the medical facility, the assigned registered nurse will accompany the victim to a private room for the initial interview, and a sexual assault counselor will be notified. The registered nurse will then ask the victim about the rape and women will be asked about their current gynecological status. The nurse will also document the victim's medical history as well as any sexual history, allergies, current medications, menstrual cycle, use of contraceptives, and any current or past illnesses. The nurse will then determine if the victim has made or desires to make a police report (exactly when the police report is made can vary). If the victim desires to make a police report, the nurse can contact police.
The medical part of the exam is done by a registered nurse who has received specialized training in how to spot, identify and collect forensic evidence. (This is called SANE-SART training: Sexual Assault Nurse Examiner - Sexual Assault Response Team). Their background is entirely medical, however, their participation is important as they act as a sort of crime scene technician by collecting evidence from the victim, marking and certifying the evidence.
To collect medical evidence for the police, medical personnel use a "Sexual Assault Kit" (often referred to as a "rape kit"). Evidence is collected and a pelvic exam is done. The steps involved in evidence collection are:
- The nurse explains the hospital's HIV testing procedure and why HIV testing is beneficial. The victim then decides whether or not to permit HIV testing. In many states, there is no charge to the victim for these services.
- Routine blood collection is done (to check for pregnancy or sexually transmitted diseases)
- The nurse documents any evidence of torn clothing or external injuries and takes photographs.
- The victim's clothing is collected and new clothes are provided.
- Any physical evidence from the rape scene (such as grass or leaves) is also collected.
Hairs are collected: the nurse collects any loose hairs or debris in the pelvic area (looking for pubic hairs of the assailant). In some cases, some of the victim's pubic hairs are needed and 15-20 of the victim's head hairs (to differentiate the victim's hairs from the assailant's).
- Fingernail scrapings are collected for detection of blood or tissue.
- The nurse then examines the victim for evidence of semen and, if detected, it is collected.
- Several slides are made and swabs taken from the vaginal, anal, and oral areas to check for semen, sexually transmitted diseases, and infections.
- The hospital provides the victim with any preventive medicine necessary (for tetanus, sexually transmitted diseases, pregnancy, etc.).
- Medical personnel perform the pelvic exam. The victim may request to have the examination done by a female. Unfortunately, this request cannot always be granted because a female physician may not be available at the time, but generally speaking every effort is made to do whatever can be done to make the victim more comfortable during this traumatic time.
The sexual assault kit is then locked in a box at the hospital until given to the police for further laboratory analysis. The nurse will discuss with the victim what follow-up tests and blood work need to be done. The sexual assault counselor provides the victim with hotline numbers and follow-up appointments. The victim should also receive an application for the victim's assistance program (which pays certain compensation and medical benefits to victims of crime. See Crime Victims Compensation Act). Victims usually receive a follow-up phone call within 72 hours after the exam from an Emergency department nurse.
Sexual Harassment
Sexual Harassment is a violation of the law and will not be tolerated!
Student Complaint Procedure
A student who believes he or she has been or is being subjected to any form of sexual harassment shall bring the matter to the attention of the Exec. VP of Academic & Student Affairs or the Exec. Vice President's designee in accordance with the procedures in the College's complaints policy. However, no procedure or step in that policy shall have the effect of requiring the student alleging harassment to present the matter to a person who is the subject of the complaint. Nor shall a sexual harassment complaint be dismissed because it is not filed within the time lines set out.
Sexual harassment includes such behavior as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed toward an employee, student, or job applicant, particularly when one or more of the following circumstances are present.
Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or education.
Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual.
Such conduct has the purpose or effect of substantially interfering with an individual's academic or professional performance or creating an intimidating, hostile, or offensive employment or educational environment.
In determining whether alleged behavior constitutes sexual harassment, Clarendon College will examine the record as a whole and all aspects of the circumstances, such as the nature of the sexual advances and the context in which the alleged incidents occurred.
If the allegation of sexual harassment involves an administrator, faculty member or classified employee of the College, provisions of the "Discrimination" policy stated above will be followed. If the allegation involves a student or students, it will be handled in keeping with the "Student Conduct/Disciplinary Procedures" as stated in this publication. If a student has questions concerning these policies or procedures, he/she should contact the Exec Vice President of Academic & Student Affairs at 806-874-4807.
TITLE IX
Title IX protects all students attending class at Clarendon College from sex discrimination, including sexual violence. Any student can experience sexual violence from elementary to professional school students; straight, gay, lesbian, bisexual and transgender students; part-time and full time students; students with and without disabilities; and students of different races and national origins.
Clarendon College's response to sexual violence complaints is the same irrespective of the sex or sexes of the parties involved. Title IX protects all students from sexual violence, regardless of the sex of the alleged perpetrator or complainant, including when they are members of the same sex. Clarendon College will investigate and resolve allegations of sexual violence involving parties of the same sex using the same procedures and standards that it uses in all complaints involving sexual violence.
Title IX's sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to stereotypical notions of masculinity or femininity and the Office of Civil Rights accepts such complaints for investigation. Clarendon College will investigate and resolve allegations of sexual violence regarding LGBT students using the same procedures and standards that it uses in all complaints involving sexual violence.
The Clarendon College Office of Student Affairs will ensure that information or training we provide is done in a manner that is accessible to students and employees with disabilities.
What is the difference between a Title IX investigation and a criminal investigation?
A criminal investigation is intended to determine whether an individual violated criminal law; if at the conclusion of the investigation, the individual is tried and found guilty, the individual may be imprisoned. By contrast, a Title IX investigation will never result in incarceration of an individual and, therefore, the same procedural protections and legal standards are not required. Further, while a criminal investigation is initiated at the desecration of law enforcement authorities, a Title IX investigation is not discretionary; Clarendon College has a duty under Title IX to resolve complaints properly and equitably and to provide a safe and nondiscriminatory environment for all students, free from sexual harassment and sexual violence. Clarendon College will notify complainants of the right to file a criminal complaint and will not dissuade a complainant from doing so either during or after the college's internal Title IX investigation.
Title IX Coordinator
The college has designated the following person to coordinate its efforts to comply with Title VII of the Civil Rights Act of 1964, as amended and Title IX of the Education Amendments of 1972, as amended.
Dean of Students, Dr. Mitch Parker
Bairfield Activity Center (BAC)
Phone: 806-874-4861
Title IX Coordinator's Duties
- A Title IX coordinator's core responsibilities include overseeing the college's response to Title IX reports and complaints.
- Identifying and addressing any patterns or systemic problems revealed by such reports and complaints.
- The Title IX coordinator is generally in the best position to evaluate a student's request for confidentially in the context of the college's responsibility to provide a safe and nondiscriminatory environment for all students.
- The Title IX coordinator reviews the disciplinary procedures to ensure that the procedures comply with the prompt and equitable requirements of Title IX.
- Investigating facts relevant to a complaint.
- Determining appropriate sanctions against the perpetrator and remedies for the complaint.
- Determining appropriate interim measures for a complainant upon learning of a report or complaint of sexual violence; and ensuring that appropriate policies and procedures are in place for working with law enforcement including rape crisis center.
Clarendon College may designate more than one Title IX coordinator. However, the Exec. VP of Academic & Student Affairs is designated as having the ultimate oversight responsibility.
Sanctions
Verbal Reprimand
A verbal notice that the behavior was inappropriate.
Written Reprimand
A written statement that the behavior was inappropriate, which will remain on the student's college disciplinary record for a specified period of time or until the student meets certain conditions.
Disciplinary Probation
A written statement that the behavior was inappropriate and, should be subsequent violations occur, the college will take more serious conduct action up to and including suspension or expulsion. This can include exclusion from college affiliated entities, including student organization activities, for a period of time or until the student meets certain conditions. Disciplinary probation will remain on the students' disciplinary record for a specified period of time or until the student meets specified conditions.
Educational Sanctions
A specified number of hours of community service, completion of a reflection or research paper, attending a class, program or lecture, attending counseling, or other actions.
Restitution
Repayment for damages or misappropriation of property. This may include monetary compensation or other related service(s), such as cleaning or restoration.
Trespass Warning
Denial of access to all or portion of campus, except for limited periods and specific activities with the permission of the appropriate college official, as designated by the College Exec. VP of Academic & Student Affairs or other appropriate administrative official vested with such authority. Should the student enter campus without written permission, the appropriate College official or the local law enforcement officer may take action.
Suspension
Exclusion from the college and all campuses governed by the Board of Regents of Clarendon College for a specific period of time or until the student meets certain conditions, following which the student may be permitted to re-enroll or apply for readmission to Clarendon College, as applicable.
Expulsion
Exclusion from Clarendon College and all campuses governed by the Board of Regents for an indefinite period of time, a record of which remains on file permanently.
Restriction or Denial of College Services:
Restricted from use or denial of specified college services, including participation in college activities.
Available Education and Training Programs
The Director of Student Life takes a proactive approach to preventing crimes. The goal of safety and security awareness programs is to eliminate or minimize criminal opportunities whenever possible. While the Director of Student Life offers advice regarding campus safety, each individual has the primary responsibility for his/her own safety. Safety and awareness programs begin with the Learning Frameworks class and continue with the College website, special pamphlets, fliers, and the daily crime log. The college community is informed of crime trends, safety tips, and special programs.
Upon request, the Director of Student Life will provide informational seminars and training; speakers are available on a variety of topics including the prevention of sexual assault, dating violence, and domestic violence, stalking, theft and robbery prevention, drug and alcohol awareness, safety issues, and advice about personal defense. Public Service Announcements concerning safety are posted in flyer form as well as published on the electronic message boards around the campuses. Along with crime prevention tips.
Anyone wishing to request such prevention services, or desiring more information, should contact the Clarendon College Director of Student Life at 806-874-4861.
Available Awareness Programs
Sexual Assault:
The program offers preventive measures that you can take to avoid placing yourself in a position where an assault could take place. The program includes, key definitions, risk reductions, survivors rights, date rape drugs, bystander intervention, and reporting procedures/resources.
Domestic Violence:
The program offers faculty, employees, and students preventive measures that can be taken to help identify domestic violence and ways to plan a safe exit from the situation. The program includes a policy statement, definitions, warning signs, safety plans, and effects of domestic violence, reporting procedures, bystander intervention, and resources.
Dating Violence:
The program offers faculty, employees, and students preventive measures that can be taken to help identify dating violence and ways to plan a safe exit from the situation. The program includes a policy statement, definitions, warning signs, safety plans, and effects of dating violence, reporting procedures, bystander intervention, and resources.
Stalking:
This program offers faculty, employees, and students preventive measures that can be taken to help you from potentially becoming a victim of stalking. The program includes a policy statement, definitions, stalking behaviors, reactions of victims of stalking, safety plan, security measures (home, work, online), bystander intervention, and resources.
Drug and Alcohol:
This program offers faculty, employees, and student preventive measures of using alcohol and drugs, and how it can pose a threat to yourself and others. The program includes, a policy statement, definitions, underage drinking, providing alcohol to minors, zero tolerance law, effects of alcohol and drugs on the body, and resources.
Harassment/Bullying:
This program offers faculty, employees, and student preventive measures on dealing with harassment /bullying and keeping students from becoming a victim. The program includes, a policy statement, definitions, signs of someone being bullied, traits of a bully, and resources.
Hate Crime:
This program offers faculty, employees, and student preventive measures on dealing with hatred directed towards them or someone else. This program includes a policy statement, definitions, and resources. Hate crimes are defined as a course of conduct directed at a specific person that would cause a reasonable person to fear: For her/his safety or the safety of others; or suffer substantial emotional distress.
Student Conduct/Disciplinary Procedures
STUDENT RIGHTS & RESPONSIBILITIES
The role of Clarendon College is to encourage individuals of all ages to develop their skills and talents based on their abilities and interests, so that collectively they may contribute to the growth and development of this democracy. College policies, procedures, and regulations are formulated to promote an appropriate teaching and learning environment where each student has the freedom to learn and where the constitutional rights of others are protected.
The concept of rights and freedom, no matter how basic or widely accepted, carries with it corresponding responsibilities. Students, as well as other members of the college community, enjoy the same constitutional and civil rights guaranteed all citizens; at the same time, they are subject to the laws of the nation, the State of Texas, and the local community. All members of the college community have a strong responsibility to protect and maintain an academic climate in which the freedom to learn can be enjoyed by all. To this end, certain basic regulations and policies have been developed to govern the behavior of students as members of the college community.
Violations of student conduct regulations will be handled through the Office of the Dean of Students. Violations of federal, state, and/or local laws make a student subject to civil or criminal action in addition to disciplinary action by the College. Each student is responsible for knowing the policies and regulations of the College.
Freedom of Expression
The rights of free speech and peaceable assembly are fundamental to the democratic process. The College supports the rights of students of the college community to express their views and opinions on actions or ideas, to associate freely with others, and to assemble peacefully.
Whether expressing themselves as individuals or in organized groups, members of the college community are expected to conduct themselves responsibly, according to law, and to respect the basic educational goals of the College. Accordingly, the College insists that free expression not violate the rights of others. Disruption of the educational process and functions of the College, or violation of law, would constitute such a violation.
Students wishing to assemble must complete an official request with the Dean of Student Affairs. The institution reserves the right to determine the time and location of such assemblies in order to ensure that the educational process is not disrupted. The use of amplified equipment is prohibited in student assembly and speech. The institution will not tolerate hate speech, defined as “…the lewd and obscene, the profane, the libelous, and the insulting or ‘fighting’ words – those which by their very utterance inflict injury or tend to incite and immediate breach of the peace.” (Chaplinsky vs State of New Hampshire, 315 U.S. 568, 1942)
Freedom of Access
Within the limits of its resources, Clarendon College shall be open to all applicants who are qualified according to current admission requirements. Clarendon College does not discriminate on the basis of race, creed, color, national origin, mental or physical disabilities, age, or sex in any of its policies, practices, or procedures. This includes, but is not limited to, admissions, employment, financial aid, and educational services, programs, and activities.
Freedom of Association
Students are free to associate to promote their common interests. They have the right to seek, through official procedures, and establish organizations of their choosing so long as such are not in conflict with the educational purposes of the College. Students have the right to affiliate with officially recognized campus organizations of their choice, within the requirements of those organizations relative to membership.
Academic Rights of Students
The College has the responsibility of providing a program of quality education in keeping with its financial resources; students have protection through campus-designed procedures against prejudiced or capricious academic evaluation. Student performance shall be evaluated solely on an academic basis, not on opinions or conduct in matters unrelated to academic standards. Students are responsible for completing their academic program, being familiar with all requirements of the College Catalog, and for maintaining their grade point average for degree requirements.
Student Records
Student records are maintained in confidence and in compliance with the Texas State Library and Archives Commission retention schedule. Student records are used to promote the instruction, career development, guidance, and educational progress of the student. In accordance with the Family Educational Rights and Privacy Act of 1974, Public Law 93-380, as amended, the student has access to specific information contained in his or her official records as specified by that act. Student records may be released to other persons, agencies, or institutions with a demonstrated interest in the student only if a written release has been signed by the student. College staff shall have access to student records when there is a demonstrated educational interest in the student.
Student Participation in Institutional Decision-Making
The primary route of Clarendon College students in decision-making is through participation in the Student Government Association (SGA). Students also may be invited to serve on one of the various institutional committees. Student opinion of food services, student housing, student activities, etc., are gathered from a number of surveys. All student input, whether it be through organized clubs, committees, or questionnaires, is given serious consideration as suggestions for change in and improvement of the College.
Student Responsibilities
The Board of Regents of Clarendon College expects employees, students, visitors, and guests of the College to accept the following responsibilities:
- Compliance with and support of duly constituted civil authority,
- Respect for the rights of others and cooperation to ensure that such rights are maintained, whether or not one agrees with the views of those exercising such rights.
- Cooperation to ensure that the will of the majority is implemented after due consideration, but not to include the suppression of the minority,
- To exercise disagreement in a responsible manner and within a framework compatible with the orderly resolution of differences.
- Knowledge of and active support of college regulations.
- A person who is required to register under the Code of Criminal Procedures 62.152 must register not later than the seventh day after the date on which the person begins to attend school to the Director of Student Life as well as any other local law enforcement agencies as required by Chapter 62, Code of Criminal Procedure.
Student Disciplinary Procedures
Any student violating the student conduct policy shall be subject to disciplinary action, including suspension, in accordance with College policy. The principles of due process apply in all student conduct disciplinary cases at Clarendon College. These procedures have been instituted to protect the rights of the students and the rights of the College.
Alleged Violations
A student may be summoned to appear in connection with an alleged violation of any disciplinary or traffic-related regulation.
Student Discipline
A student may be placed on disciplinary probation without a hearing for failure to comply without good cause to a letter or summons. The College may also elect to proceed with a formal hearing. Alleged student violations of College policies, rules, or regulations may be reported by students, College personnel, or any other person who witnesses or has knowledge of such alleged violations. Where possible, the accused student will be informed of the alleged violation and its disciplinary consequences by the College official responsible for maintenance of the appropriate policy, rule, or regulation.
Supervision of student conduct is the responsibility of the Dean of Student Affairs or designee. The Dean shall investigate and gather information concerning a reported incident of student misconduct. After investigating the incident and considering the evidence (its accuracy, credibility, and sufficiency), The Dean of Student Affairs or designee may administer any of the penalties listed below in dealing with student misconduct.
- Warning or reprimand.
- Imposing of specified fines and/or restrictions.
- Campus work assignments or community service.
- Disciplinary probation (with or without other restrictions)
- Suspension.
- Expulsion.
Any student charged with an offense for which he/she could be suspended or expelled, shall be entitled to a hearing before the Student Appeals and Grievance Committee.
Any order suspending or expelling a student shall be final, unless, within three (3) working days following the entry thereof, the student lodges a written appeal with the Exec. VP of Academic & Student Affairs.
Student Appeals
The grievance procedure at Clarendon College shall serve two purposes: to determine whether an injury alleged by the grievant was the result of an error in the institution's policies and procedures or in their administration, and if an error is established, to determine an equitable redress for the grievant.
Grievable Issues
The grievable issues shall include selection and admission policies for students, a discriminatory action, racial or sexual harassment, along with policies for attendance, grading, discipline, extracurricular activities, and athletes. The purpose of the grievance procedure of Clarendon College is to insure to all persons involved fair and equitable treatment and to develop a clear documentation trail for each case arising out of institutional conflict.
Mechanism
When the grievant is a student of Clarendon College, this grievance procedure shall consist of the following sequence of events:
Informal Meeting
All grievances voiced by students of Clarendon College must first be aired in an informal meeting between the student and the college representative directly involved (i.e., teacher, coach, administrator). At this face-to-face meeting, a bonafide attempt must be made to resolve the issue(s) in question. It shall be the responsibility of the student grievant to:
- explain fully the nature of the grievance,
- when and under what conditions the alleged injustice occurred, and
- what redress is expected.
The College representative (teacher, coach, administrator, etc.) involved in the dispute shall have the responsibility to:
- hear the grievance,
- make an honest attempt to resolve the issue, or
- if resolution is not possible at that level, to refer the problem to the Exec. VP of Academic & Student Affairs.
It shall also be the responsibility of the College representative to document the meeting in writing to include the date, location, person(s) involved, issues discussed, and results achieved.
Student Due Process
When attempts at informal resolution of a student complaint have failed, a student may appeal a college policy or its administration in the following manner:
- a written appeal, grievance, or complaint must be filed with the Exec. VP of Academic & Student Affairs not later than three (3) days after the occurrence of the event;
- the written complaint must include at least:
- date of the incident (injury alleged by the grievant),
- nature of the grievance or the complaint,
- person(s) involved, and
- type of redress sought;
- The Exec. VP shall notify the chairperson of the Student Appeals and Grievance Committee of the complaint immediately upon receipt;
- The chairperson of the Student Appeals and Grievance Committee shall set the date, time and place of a hearing to be held not later than seven (7) school days after receipt of the written complaint, and shall so inform the student grievant and all committee members.
Before formal charges are presented in cases where students may be suspended or expelled, students are informed of the following rights:
- May be accompanied by the advisor of his/her choice. It is the policy of the College that legal counsel not become involved in such matters unless the case is handled in a court of law.
- To be informed of the nature of the allegation, charges, or reports brought against him/her.
- No person should be required to testify against himself/herself.
- To present testimony or witnesses with respect to the complaint.
- To be notified of decisions reached regarding his/her case.
- To appeal the decision to the Student Appeals and Grievance Committee.
Additional information desired concerning the process or the procedures may be obtained by contacting the Dean of Student Affairs or designee.
Appeal to the President
All cases may be appealed by the student or referred by the Committee to the President. An appeal submitted by the student must be submitted to the College President within three (3) working days after the Student Appeals and Grievance Committee has rendered its decision.
Appeal to the Board
The final appeal may be made to the Board of Regents.
Disciplinary Record
Clarendon College will maintain an official disciplinary record for any Clarendon College student who has been assessed a disciplinary penalty. This record will reflect the nature and disposition of the charge, the penalty assessed, and other pertinent information. The disciplinary record shall be separate from the student's academic record and shall be treated as confidential. The contents shall be available to College officials who have a need to know, but shall not be revealed except upon request of the student or in accordance with applicable state or federal laws.
Interrogations and Searches
College officials have a limited right to search students or their property when such search would be in the interest of the overall health welfare of other students, or when necessary to preserve the good order and discipline of the College. Even if no search warrant is obtained, any prohibited item within "plain view" is subject to seizure.
Areas such as lockers and desks which are owned and controlled by the College may be searched by College officials when they have reasonable cause to believe that stolen items or items prohibited by law or by Board policy are contained in the area to be searched. Indiscriminate searches in the nature of "fishing expeditions" shall be prohibited.
Stolen items and items which are forbidden by Board policy or law may be impounded and may be used as evidence in internal College disciplinary proceedings against the student.
The above policies shall not apply in the event that law enforcement authorities are involved in a search. College searches conducted with assistance from law enforcement authorities are governed by the Fourth Amendment standards that are applicable in the criminal law context.
Health and Safety / Drug Dog Searches
Clarendon College reserves the right to conduct a search on-campus student rooms in residential living halls, college parking lots, college classrooms, and other college property with a certified canine search team.
Disclosures to Alleged Victims of Crimes of Violence or Non-Forcible Sex Offenses
Clarendon College will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the results of any disciplinary hearing conducted by the college against the student who is the alleged perpetrator of the crime of offense. If the alleged victim is deceased as a result of the crime or offense, Clarendon College will release the results of the disciplinary hearing to the victim’s next of kin, if so requested.