Addendum 2 - Clery Act

Download as PDF

Sexual Misconduct

Iḷisaġvik College’s Title IX Sexual Assault Policy prohibits sexually violent acts, termed “Sexual Misconduct” by the College, which can be crimes as well. Sexual misconduct includes non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, interpersonal/relationship violence, sex/gender-based stalking, and sexual harassment. While Iḷisaġvik College utilizes different standards and definitions than the Alaska State Code, sexual misconduct often overlaps with the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence. Victims of these behaviors are protected by federal laws, specifically Title IX (https://www.ilisagvik.edu/about-us/title-ix/), and the Clery Act, which mandates the contents of this report.

It is not the policy of the College to notify local/campus law enforcement when sexual misconduct occurs, unless a victim wishes or there is an emergency threat to health or safety. Victims have the option to notify law enforcement directly, or to be assisted in doing so by campus authorities. If requested, campus officials can facilitate reporting to campus or local law enforcement, but may also respect a victim’s request not to do so.

In an effort to reduce the risk of sexual misconduct as well as the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, and domestic violence occurring among its students, the College utilizes a range of campaigns, strategies, and initiatives to promote awareness, educational, risk reduction, and prevention programming.

It is the policy of the College to offer programming to identify and prevent domestic violence, dating violence, sexual assault (including stranger and known offender assaults), and stalking each year. Educational programs are offered to raise awareness for all incoming students and employees, and are often conducted during new student and new employee orientation and throughout an incoming student’s first semester. Programs and other campaigns offered throughout the year to all students and employees include strong messages regarding not just awareness, but also primary prevention (including normative messaging, environmental management, and bystander intervention), and discuss institutional policies on sexual misconduct as well as the Alaska definitions of domestic violence, dating violence, sexual assault, stalking, and consent in reference to sexual activity. Programs also offer information on risk reduction that strives to empower victims, how to recognize warning signals and how to avoid potential attacks, and do so without victim-blaming approaches. Some examples include campus policy and procedural training in student and employee orientations, as well as the Residential Advisor’s dorm student orientation program. Programs are informed by evidence-based research and/or are assessed for their effectiveness.

Bystander engagement is encouraged through safe and positive intervention techniques and by empowering third-party intervention and prevention such as calling for help, using intervention-based apps, identifying allies, and/or creating distractions. Bystander empowerment training highlights the need for those who intervene to ensure their own safety in the intervention techniques they choose, and motivates them to intervene as stakeholders in the safety of the community when others might choose to be bystanders.

In the event that sexual misconduct, gender-based violence, or the crimes of sexual assault, stalking, dating violence, or domestic violence do occur, the College takes the matter very seriously. The College employs interim protection measures such as interim suspensions and/or no contact orders in any case where a student’s behavior represents a risk of violence, threat, pattern, or predation. If a student is accused of sexual misconduct, other gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, the student is subject to action in accordance with the Title IX Sexual Assault Policy in the student handbook. A student wishing to officially report such an incident may do so by contacting the College’s Title IX Coordinator or Title IX Investigator. Anyone with knowledge about sexual misconduct, gender-based violence, or the crimes of rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence is encouraged to report it immediately. Protective measures for victims are available from the campus whether a victim chooses to report to local and/or campus law enforcement, and irrespective of whether a victim pursues a formal complaint through the College’s resolution process.

If you are the victim of sexual misconduct, gender-based violence, or the crimes of rape, acquaintance rape, sexual assault, sexual harassment, stalking, dating violence, or domestic violence, some or all of these safety suggestions may guide you after an incident has occurred:

  1. Go to a safe place and speak with someone you trust. Tell this person what happened. If there is any immediate danger, contact Campus Security at (907) 319-8742 if you are on campus or call 911 if you are off campus.
  2. Consider securing immediate professional support (e.g., counseling, victim advocacy, medical services, etc.) to assist you in the crisis.
  3. If you are on campus during regular business hours, you may go to the College’s Title IX Coordinator or Title IX Investigator for support and guidance. These are both non-confidential resources, meaning that while personal information will be protected, an official report will be filed. After regular business hours, or in any situation where a victim wishes, local resources are also available and may be able to provide confidential assistance. Local resources include:
    • North Slope Borough Arctic Women in Crisis (confidential)
      5125 Herman St. Barrow, AK 99723
      24-hour crisis number: 1-800-478-0267 or (907) 852-0261
    • North Slope Borough Police Department
      1068 Ahkovak St. Barrow, AK 99723
      9-1-1 or (907) 852-6111
  4. For your safety and well-being, immediate medical attention is encouraged. Further, being examined as soon as possible, ideally within 120 hours, is important in the case of rape or sexual assault. The hospital will arrange for a specific medical examination at no charge or can work with you to arrange state reimbursement
    • To preserve evidence, it is recommended that you do not bathe, shower, douche, eat, drink, smoke, brush your teeth, urinate, defecate, or change clothes before receiving medical attention. Even if you have already taken any of these actions, you are still encouraged to have prompt medical care, and evidence may still be recoverable.
    • Typically, if police are involved or will be involved, they will obtain evidence from the scene, and it is best to leave things undisturbed until their arrival. They will gather bedding, linens or unlaundered clothing, and any other pertinent articles that may be used for evidence. It is best to allow police to secure items in evidence containers, but if you are involved in transmission of items of evidence, such as to the hospital, secure them in a clean paper bag or clean sheet to avoid contamination.
    • If you have physical injuries, photograph or have them photographed, with a date stamp on the photo.
    • Record the names of any witnesses and their contact information. This information may be helpful as proof of a crime, to obtain an order of protection, or to offer proof of a campus policy violation.
    • Try to memorize details (e.g., physical description, names, license plate number, car description, etc.), or even better, write notes to remind you of details, if you have time and the ability to do so.
    • If you obtain external orders of protection (e.g., restraining orders, injunctions, protection from abuse), please notify Public Safety or the campus Title IX Coordinator so that those orders can be observed on campus.
  5. Even after the immediate crisis has passed, consider seeking support from campus counseling services, off-campus counseling, a victim’s advocate, clergy/chaplain, and/or the Arctic Women in Crisis Center.

  6. Contact the campus Title IX Coordinator if you need assistance with Iḷisaġvik College-related concerns, such as no-contact orders or other protective measures. The Title IX Coordinator will also assist in any needed advocacy for students who wish to obtain protective or restraining orders from local authorities. The College is able to offer reasonable academic support, changes to living arrangements, transportation resources or modifications, escorts, no contact orders, counseling services access, and other supports and resources as needed by a victim. The College is able to offer information about legal assistance, visa/immigration assistance, and student financial aid considerations for victims.

Legal Definitions

Rape is generally defined by states as forced sexual intercourse. It may also include situations where the victim is incapable of giving consent due to incapacitation by means of disability or alcohol or other drugs. Many rapes are committed by someone the victim knows, such as a date or friend.

Under Alaska law, an offender commits the crime of sexual assault in the first degree if:

  1. The offender engages in sexual penetration with another person without consent of that person;
  2. The offender attempts to engage in sexual penetration with another person without consent of that person and causes serious physical injury to that person
  3. The offender engages in sexual penetration with another person
    1. who the offender knows is mentally incapable; and
    2. who is in the offender’s care
      1. by authority of law; or
      2. in a facility or program that is required by law to be licensed by the state; or
  4. The offender engages in sexual penetration with a person who the offender knows is unaware that a sexual act is being committed and
    1. the offender is a health care worker; and
    2. the offense takes place during the course of professional treatment of the victim

The complete Alaska rape and sexual assault offense definitions are found in Alaska Statutes 11.41. Sexual assault in the first degree is an unclassified felony and is punishable as provided in Alaska Statutes 12.55.

Other Sexual Offenses

Other sexual offenses include the following: sodomy (forced anal intercourse); oral copulation (forced oral-genital contact); rape by a foreign object (forced penetration by a foreign object, including a finger); and sexual battery (the unwanted touching of an intimate part of another person for the purpose of sexual arousal).

In Alaska, “without consent” means that a person:

  1. With or without resisting, is coerced by the use of force against a person or property, or by the express or implied threat of death, imminent physical injury, or kidnapping to be inflicted on anyone; or
  2. Is incapacitated as a result of an act of the defendant. (This definition does not require freely-given sexual consent or affirmative sexual consent. See Alaska Statutes 11.41.470.)

Campus policy definitions of sexual offenses are:

Sexual harassment: any unwelcome sexual, sex-based, and/or gender-based verbal, written, online, and/or physical conduct.

Non-consensual sexual intercourse: any sexual intercourse, however slight, with any object, by a person upon another person, which is without consent and/or by force.

Non-consensual sexual contact: any intentional sexual touching, however slight, with any object, by a person upon another person, which is without consent and/or by force.

Sexual exploitation: a situation in which a person takes non-consensual or abusive sexual advantage of another, and that behavior does not otherwise fall within the definitions of sexual harassment, non- consensual sexual intercourse, or non-consensual sexual contact.

Dispute Resolution Procedure Document

Sexual Harassment

Sexual harassment is a form of misconduct that undermines the integrity of the academic environment. It is the policy of Iḷisaġvik College that sexual harassment is prohibited. All members of the College community, especially officers, faculty, and other individuals who exercise supervisory authority, have an obligation to promote an environment that is free of sexual harassment. Sexual harassment is defined as “Any unwelcome sexual, sex-based and/or gender-based verbal, written, online, and/or physical conduct.”

Any complaints or inquiries regarding sexual harassment of a student by an officer, faculty member, staff member, or by another student should be brought to the immediate attention of the Title IX Coordinator. The College will investigate such claims promptly and thoroughly. If, for any reason, a student wishes to complain or inquire regarding sexual harassment, but feels it would not be appropriate to raise such issues with the Title IX Coordinator, the student may inquire or complain to any Department Chair or any officer of the College at the level of Vice President or above, and such inquiries or complaints will receive a prompt and thorough investigation. If harassment is established, the College will discipline the offender. Disciplinary action for violations of this policy can range from verbal or written warnings, up to and including immediate termination from employment or dismissal from the College for serious or repeated violations.]

Sex Offenders

In accordance to the Campus Sex Crimes Prevention Act of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, Iḷisaġvik College is providing a link to the Alaska State Sex Offender Registry. All sex offenders are required to register in the state of Alaska and to provide notice of each institution of higher education in Alaska at which the person is employed, carries out a vocation, or is a student. DPS Alaska Website

In addition to the above notice to the State of Alaska, all sex offenders are required to deliver written notice of their status as a sex offender to Iḷisaġvik College’s Human Resources Department no later than three (3) business days prior to their enrollment in, employment with, volunteering at, or residence in the College. Such notification may be disseminated by the College to, and for the safety and well-being of, the College community, and may be considered by the College for enrollment and discipline purposes.

Domestic violence: a pattern of behavior used to establish power and control over another person through fear and intimidation, often including the threat or actual use of violence.

Dating violence: being hit, slammed into something, or injured with an object or weapon by someone you were dating or going out with.

Stalking: a crime in which a person knowingly and repeatedly engages in a course of conduct involving non-consensual contact with you or a family member without your consent, and that places you in fear of your own death or physical injury or the death or physical injury of a family member.

Campus Procedures for Addressing Sexual Misconduct, Dating Violence, Domestic Violence, Stalking, Sexual Harassment, and Other Acts of Sex and Gender Discrimination

For offenses including sexual misconduct or other gender-based violence, which typically include the crimes of domestic violence, dating violence, sexual harassment, sexual misconduct, and stalking, sanctions range from warning to expulsion. Serious and violent incidents and acts of non-consensual sexual intercourse (the policy equivalent to the crime of rape) usually result in suspension, expulsion, or termination of employment. Lying to investigators (and/or failing to participate in an investigation) can result in additional consequences under the Code of Student Conduct.

Procedurally, when Iḷisaġvik College receives a report of sexual misconduct, gender-based violence, or other sex or gender discrimination, the campus Title IX Coordinator is notified. If the victim wishes to access local community agencies and/or law enforcement for support, the College will assist the victim in making these contacts. The Title IX Coordinator will offer assistance to victims in the form of interim or long-terms measures such as opportunities for academic accommodations; changes in housing for the victim or the responding student; visa and immigration assistance; changes in working situations; and other assistance as may be appropriate and available on campus or in the community (such as no contact orders, campus escorts, transportation assistance, targeted interventions, etc.). If the victim so desires, that individual will be connected with a counselor on- or off-campus, as well as an on-or off-campus victim’s advocate. No victim is required to take advantage of these services and resources, but the College provides them in the hopes of offering help and support without condition or qualification. A summary of rights, options, supports, and procedures, in the form of this document, is provided to all victims, whether they are students, employees, guests, or visitors.

When appropriate upon receipt of notice, the Title IX Coordinator will cause a prompt, fair, and impartial process to be initiated, commencing with an investigation, which may lead to the imposition of sanctions based upon a preponderance of evidence (what is more likely than not), upon a responding student or other accused individual. Procedures detailing the investigation and resolution processes of the College can be found online here. The Coordinator is ultimately responsible for assuring in all cases that the behavior is brought to an end, the College acts to reasonably prevent its recurrence, and the effects on the victim and the community are remedied. The Coordinator is also responsible for assuring that training is conducted annually for all advocates, investigators, hearing officers, panelists, and appeals officers that encompass a hearing process that protects the safety of victims and promotes accountability. Training will focus on sexual misconduct, domestic violence, dating violence, sexual assault, stalking, sexual harassment, retaliation, and other behaviors that can be forms of sex or gender discrimination covered by Title IX and Clery Act. Training will help those decision-makers in the process of protecting the safety of victims and promoting accountability for those who commit offenses.

The investigation and records of the resolution conducted by the College are maintained confidentially. Information is shared internally between administrators who need to know, but a tight circle is kept. Where information must be shared to permit the investigation to move forward, the person bringing the accusation will be informed. Privacy of the records specific to the investigation is maintained in accordance with Alaska law and the federal FERPA statute. Any public release of information needed to comply with the open crime logs or timely warning provisions of the Clery Act will not include the names of victims or information that could easily lead to a victim’s identification. Additionally, the College maintains privacy in relation to any accommodations or protective measures afforded to a victim, except to the extent necessary to provide the accommodations and/or protective measures. Typically, if faculty members or administrators are asked to provide accommodations for a specific student, they are told that such accommodations are necessary under Title IX or the Clery Act, but they are not given any details of the incident, or what kind of incident it is. Irrespective of state law or public records access provisions, information about victims is maintained privately in accordance with Title IX and FERPA.

In any complaint of sexual misconduct, sexual assault, stalking, dating violence, domestic violence, or other sex or gender-based discrimination covered under the federal law, Title IX, the person bringing the accusation and the responding party are entitled to the same opportunities for a support person of their choice throughout and to fully participate in the process, including any meeting, conference, hearing, appeal, or other procedural action. The role of advisors is described in detail here. Once complete, the parties will be informed, in writing, of the outcome, including the finding, the sanctions (if any), and the rationale thereof. Delivery of this outcome to the parties will occur without undue delay between notifications. All parties will be informed of the College’s appeal processes, and their rights to exercise a request for appeal. Should any change in outcome occur prior to finalization, all parties will be timely informed in writing, and will be notified when the results of the resolution process become final.

Both Title IX and the Clery Act provide protections for whistleblowers who bring allegations of non- compliance with the Clery Act and/or Title IX to the attention of appropriate campus administrators. The College does not retaliate against those who raise concerns of non-compliance. Any concerns should be brought to the immediate attention of the campus
Title IX Coordinator and/or to officials of the U.S. Department of Education.

Reporting of statistics under the Clery Act uses federal offenses definitions that allow comparability across campuses, regardless of the state in which the campus is located. These definitions are as follows:

Sex Offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

  1. Fondling — The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

  2. Incest — Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

  1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
  2. For the purposes of this definition:
    1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
    2. Dating violence does not include acts covered under the definition of domestic violence.
  3. For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Domestic Violence: A felony or misdemeanor crime of violence committed:

  1. By a current or former spouse or intimate partner of the victim;
  2. By a person with whom the victim shares a child in common;
  3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  5. By any other person against an adult or youth victim who is protected

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  1. Fear for the person’s safety or the safety of others; or
  2. Suffer substantial emotional distress.
  3. For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.