Annual Security Report 2019

We urge members of the college community to use this report as a guide for safe practices on and off campus. The Gateway Security Department sends an e-mail to every enrolled student and current employee on an annual basis to notify that the report is available for review.  The e-mail includes a brief summary of the contents of this report and the web address for the Campus Security website where the Annual Security Report can be found. 

You may request to have a hard copy by calling: (859) 442-4129. A copy of the report can also be obtained from the Campus Security Department at 790 Thomas More Parkway, Edgewood, Ky., 41017.

COLLEGE MESSAGE

On behalf of the Gateway Community & Technical College’s (Gateway) Security Department, welcome to the 2019-2020 academic year. The Gateway security department supported by an active and engaged campus community and dedicated local agency partners – we are all stakeholders in keeping our campus safe. The department is available to help or provide service to you during normal operating hours year round. Our department supports local law enforcement in criminal investigations, provides emergency preparedness and response trainings and services, crime prevention and educational programs, support for special events, and a range of community services.

Public safety is a shared responsibility. We can all contribute to a safe campus by taking responsibility for our own safety and looking out for one another. We strive to proactively partner with our campus community to create an environment that supports the academic success of our students and ensures that all can achieve and excel.

Together, we make Gateway a great place to work, live and learn. “Go You!” If there is anything we can do to make the campus safer or to be of assistance, please don’t hesitate to contact us. You may also visit the Gateway Campus Security Department to learn more about campus safety, services and resources. Have a safe and productive year!

- Tim Chesser, Director of Safety and Security

PREPARING THE ANNUAL SECURITY REPORT

Gateway Community & Technical College is responsible for the preparation of the Annual Security Report in cooperation with Legal Affairs, Campus Security Authorities, and local police agencies. The statistics include alleged and attempted crimes. All crimes reported in “good faith” and occurring on-campus, on public property surrounding our campuses, or in off campus college-owned buildings or property is recorded for inclusion in the annual crime statistics. This report provides statistics for the previous three academic years. The  statistics are requested annually from local law enforcement agencies, and submitted to the Director of Security for collection and analysis. For statistical purposes, crime statistics reported to any of these sources are recorded in the calendar year the crime was reported.

The report includes statistics submitted by Legal Affairs, Student Affairs, Human Resources, Campus Security Authorities, and local law enforcement agencies. These reports are reviewed and if reportable under the Clery Act, are included in the annual statistics. Police arrest statistics and campus disciplinary referral data for weapons violations, drug violations and liquor law violations are analyzed by Campus Security to avoid duplicated reporting. Gateway does not have any student organizations at Off-Campus locations, therefore incidents related to off-campus activities of student organizations are not reported.

All of these statistics are gathered, compiled and reported to the campus community via the Annual Security Report which is published each year. Campus Security submits the annual crime statistics published in this report to the Department of Education (ED) each year. The statistical information gathered by the Department of Education is available to the public through the ED web site.

By October 1 of each year, all enrolled students and employees receive an email notification regarding a summary of the content and the availability of the report via the college website, as well as how to request a printed copy of the report. Prospective students and employees receive information regarding the report from the Security Director.

For more information regarding campus safety or the contents of this report, contact the campus Security Director at (859) 442-4129.

CAMPUS SECURITY AUTHORITIES AND JURISDICTION

Campus Security Authorities are defined as individuals having significant responsibility for student activities, including administrators and student services personnel such as, Deans, Directors, Legal Affairs, athletic team coaches, and faculty and/or student advisors. Although crimes should be reported to campus Security or the Title IX Coordinator (sexual violence only), if these individuals receive a report of a crime listed under the Clery Act they are obligated to report it to campus security for purposes of disclosure in the annual crime statistics.

Gateway does not have a campus police department.  No campus personnel including security, have law enforcement authority. 

Gateway works closely with the Boone County Sheriff's Office, Covington Police Department, Edgewood Police Department, Park Hills Police Department, Fort Wright Police Department, and Kenton County Sheriff.  

Gateway has direct radio contact with the Edgewood Police Department, the Thomas More College Public Safety and other law enforcement agencies. 

Gateway has a Memorandum of Understanding to have mutual aid communication with the Kentucky State Police and can utilize one of their frequencies to communicate in the event of a major incident.

All area First Responders are invited to each campus in their jurisdiction to become familiar with the campus layout to expedite a quick emergency response.

Gateway maintains a strong working relationship with state and local police through training, meetings and communicating with local and state police agencies in the investigation of criminal offenses.

Off-Campus Student Organizations

Gateway does not have any recognized student organizations at off-campus locations.

Student Housing

Gateway does not operate student housing facilities.

REPORTING PROCEDURES

Procedures for Campus Crime Reporting

Students, staff, faculty and guests are strongly encouraged to accurately and promptly report all criminal actions or other emergencies occurring on campus to Campus Security Department or local police agencies, if necessary.

Crimes should be reported to  the Security Department where the incident occurred for purposes of assessing the crime, for distributing potential timely warning notices, and for disclosure in the annual crime statistics. Crime reporting is critical as it may prevent future crimes, protects the community, and increases the likelihood of apprehension and adjudication of perpetrators.

Although Campus Security strives to maintain a safe and open environment for victims to report crimes, individuals may not feel comfortable contacting the police.  In these instances, reporting to other campus security authorities are available. As an example, sex offenses may be reported to the college Title IX Coordinator.

Campus security officers:
Boone Campus - (859) 307-1884
Edgewood Campus - (859) 307-1037
Transportation Technology Center - (859) 391-6152
Urban Metro Campus - (859) 307-8419

To Report Crimes and all other Emergencies, Please Contact:

Title	Location	Call Information
Tim Chesser, Director of Safety and Security	Edgewood Campus	(859) 442-4129
Boone Campus Security Officer	Boone Campus	(859) 307-1884
Edgewood Campus Security Officer	Edgewood	(859) 307-1037
Transportation Technology Center Campus Security Officer	Transportation Technology Center	(859) 391-6152
Urban Metro Campus Campus Security Officer	Urban Metro Campus	(859) 307-8419

Cell Phone Use: Emergency 9-1-1 calls made on campus from an IP phone are routed to local law enforcement. We recommend programming the primary campus reporting number, 606-788-2817, into your cell phone to reduce emergency response time and provide quick dialing in any emergency.

Survivor/victim or witness to report voluntarily and/or confidentially

If you wish to report a sexual assault, domestic violence, dating violence, or stalking incident on a completely confidential basis, you may report the crime to:

Title XI Coordinator
Urban Metro Campus, TIE
(859) 442-1608

Counselor
All Campuses
(859) 815-7699

If a crime survivor/victim or witness chooses not to file a police report or to pursue action against the perpetrator within the college process, they may still consider making a confidential report. In certain circumstances, the victim may request that the Dean or a designee file a report of the details of the incident without revealing the victim’s identity. The purpose of a confidential report is to comply with the wishes of the victim/survivor to keep the matter and/or their identity confidential, while allowing the Dean and/or other officials to take action to protect the future safety of the crime survivor/victim and others. With this information, the Dean  can potentially determine a pattern of crime and alert the campus community to potential threat or danger. Reports filed in this manner are counted and disclosed in the annual crime statistics. The Dean will review confidentiality options with the reporting party prior to taking the report.

Professional or pastoral counselors

Gateway does not have professional nor pastoral counselors available on campus. 

Gateway suggests the following off-campus resources for counseling:

Professional Counseling
Women's Crisis Center
800-928-6708 

TIMELY WARNING

In some cases, Gateway will make timely warning reports to members of the campus community regarding criminal activity. The criminal activity must be serious in nature and likely to pose an ongoing or continued threat to the safety of students, staff, faculty and guests. The decision to make a timely warning report will be made by the Security Director or his/her designee.

Notification is generally made through a SNAP Alert  and a campus-wide email bulletin to all members of the campus community.  Flyers are also placed in the common areas of the buildings used by the campus community.  Timely warning information may be posted on the Gateway website and/or digital banners.

It is the consistent practice of the Gateway community to notify the Security Director and/or designee, who then confers as necessary with appropriate KCTCS System Office administrators, Public Relations, Legal counsel and neighboring law enforcement agencies after a violent crime or Clery Act crime is reported.  This is done to determine if the circumstances and facts represent a serious or ongoing threat to members of the community.

The Security Director or his/her designee will prepare and arrange to disseminate a timely warning as soon as pertinent information and resources are available.  The Security Director is primarily responsible for issuing timely warnings; warnings may be developed in partnership with appropriate campus departments, KCTCS Office of General Counsel, and KCTCS Security and Crisis Management. The crime bulletin is reviewed and approved for release by Campus Security, Marketing and Communications, KCTCS Office of General Counsel  or some combination. This collaboration is some times necessary bulletin for crimes of a more serious or immediate nature in order to prepare consistent information for release on the website and/or digital signage to the campus community.

CAMPUS SECURITY AND ACCESS

Access and Security of Campus Facilities

Gateway campuses are all open campuses. 

Operating hours are:

7 a.m. to 10 p.m. Monday-Friday

Boone campus is open 8 a.m. to 4 p.m. on Saturdays

Urban Metro Campus is open 8 a.m. to 5 p.m. on Fridays.

Some buildings or labs are open for longer periods to accommodate evening classes, research, or other special program needs. Individuals who wish to access these buildings during non-business hours or special events should contact the appropriate department head.

At certain times of the year, building hours may change according to the number of students/classes being held. This is done for both security reasons, as well as reducing energy consumption.

Security patrols are conducted on a regular basis on all campuses while campuses are open.  After hours patrols are done by our local law enforcement partners in the jurisdiction of the campus.

All campus locations are equipped with security cameras that are recorded and monitored by Campus Security.  

All special events scheduled by on or off campus entities must have prior authorization. Contact the college for information on special event policies and procedures. Events may require additional approval, staffing and coordination with Campus Security to meet security, parking, and traffic needs.

Maintenance of Campus Facilities

Gateway makes every effort to ensure that the campus facilities and grounds are designed and maintained to promote safety, prevent crime, and minimize hazardous conditions. Attention is paid to the design and maintenance of facilities, landscaping and exterior lighting. The Maintenance & Operations Department maintains the buildings and grounds. Campus facilities are inspected on a regular basis  and repairs impacting safety and security are made promptly. Campus groundskeepers are mindful of security and safety concerns, keeping vegetation controlled around lighting fixtures and along campus walkways and roadways on a regular schedule. Strategies and concepts of crime prevention through environmental design are considered in the design and construction of new facilities.

Campus Security regularly patrols the campus and reports malfunctioning lights and other unsafe physical conditions to Maintenance & Operations for correction. We encourage community members to promptly report any security concern, including concerns about locking mechanisms, lighting, or landscaping to Campus Security at each campus.

EDUCATIONAL PROGRAMMING: SECURITY AWARENESS AND CRIME PREVENTION

Information Sharing

Gateway security awareness and crime prevention programs have an overall goal of creating and maintaining a safe environment to support the academic mission of the college and ensure the well-being of campus community members.

The goal of sharing this information is to inform students and employees about security procedures, the practices to promote safety and eliminate or minimize criminal opportunities, and to encourage students/employees to take responsibility for personal and community safety.

Programs and Prevention

New Student Orientation: GDCS participates, whenever possible, in new student orientation sessions, addressing and meeting new students and their parents, making available to them printed materials dealing with crime prevention measures, campus safety, etc.

Adjunct Faculty Orientation: GDCS participates each semester in the orientations of part-time faculty members. Information on safety and security, as well as the SNAP System on a jump drive for their convenience. Literature and other handout material is available and officers are there to answer questions.

First Year Employee Experience: GDCS participates each year in the program of all new employees by providing information on safety and security, as well as the SNAP System on a jump drive for their convenience. Literature and other handout material is available and officers are there to answer questions

Safe Place Designation: All Gateway campuses have designated Safe Place locations. Safe Place is a national youth outreach and prevention program for young people in need of immediate help and safety. As a community-based program, Safe Place designates businesses and organizations as Safe Place locations, making help readily available to youth in communities across the country. Locations include: libraries, YMCA’s fire stations, public buses, various businesses, and social service facilities. 

Security Surveys: Security surveys, or audits, may be conducted annually for various departments, organizations and individuals.

POLICY: DRUG AND ALCOHOL USE

KCTCS Drug and Alcohol Policy

KCTCS is committed to providing a healthy and safe environment for its students, faculty, and staff. KCTCS has defined conduct in relation to the unlawful possession, use, dispensation, distribution, or manufacture of alcohol or illicit drugs. Conduct which is in violation of this definition poses unacceptable risks and disregard for the health, safety, and welfare of members of the KCTCS community and shall result in disciplinary action up to and including suspension or termination.

As a recipient of federal grants and contracts, KCTCS gives this notice to students, faculty, and staff that it is in compliance with, and shall continue to be in compliance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendment of 1989. Students, faculty and staff are herein notified of the standards of conduct which shall be applicable while on KCTCS property, on KCTCS business, and/or at KCTCS sponsored activities.

Sanctions

Under KCTCS policies and procedures, students who violate this standard of conduct are subject to disciplinary action from a minimum of a warning to a maximum of suspension from KCTCS.

Faculty and staff are subject to disciplinary action from a minimum of a warning to a maximum of termination from KCTCS employment.

Under state and federal drug laws, the gravity of the sanction depends on the classification of the controlled substance, the particular activity involved (possession or trafficking which includes manufacture, sale, and possession with intent to sell), and whether or not multiple convictions are involved.

Under Kentucky law, the most severe penalty for a drug law violation involves trafficking. On a first offense conviction, one may receive a fine of up to $10,000.00 and/or a sentence of up to ten years in the penitentiary; for subsequent offenses, the penalties may be doubled.

Under federal law, for simple possession of a controlled substance, one may be imprisoned for up to one (1) year and/or fined up to $1,000.00. For subsequent offenses, one may be imprisoned for up to three (3) years and/or fined up to $5,000.00. Under federal law, one may be fined up to $8,000,000.00 and/or may be sentenced from not less than 10 years up to life in prison for drug trafficking. For violations of other federal drug laws, one may receive life in prison or the death penalty.

Under both state and federal laws, one may suffer the loss of whatever property (house, farm) or possessions (vehicle) which one may have used in the drug trade.

Sanctions for violation of state alcohol laws vary from a fine of $10.00 to $2,000.00, a sentence of forty-eight (48) hours to twelve (12) months in jail, and/or suspension of one's operator's license.

Drug and Alcohol Abuse Programs

Students are encouraged to contact the Counseling    Depart for information and appropriate referrals.

Other counseling, treatment, and rehabilitation services are available in the Northern Kentucky area.

Off Campus

After Hours Emotional Crisis: Contact NorthKey
Community Care (859) 331-3292

To make an appointment, please call (859) 815-7699 or e-mail GW-CounselingSelfreferral@kctcs.edu.

What we can help with: Family Crisis

• Homelessness
• Emotional Distress
• Relationship issues
• Addiction
• Guidance
• Resources
• Support
• Housing
• Food assistance
• Public benefits
• Career assessments
• Job search
• Resume building
• Interviewing skills
• And more

Our Locations:
Urban (TRB): Room 316B
Edgewood (SSS): Room E105M
Boone (CAM): Room B01E
Hours:
9 a.m. - 5 p.m.
Phone: (859) 815-7699

Healthy Place to Work & Learn

Gateway Community & Technical College is a tobacco-free campus. Smoking and the use of all tobacco products, including electronic cigarettes, is prohibited on college property. 

Counseling Referral List/Community Resources

Hospital Emergency Rooms

St. Elizabeth Hospital-Florence - (859) 212-5200
St. Elizabeth Hospital-Edgewood - (859) 301-2000
University Hospital Adult Psychiatric Services - (513) 559-2100

Sliding Scale Fee Outpatient Resources

NorthKey Community Care (KY) - (859) 331-3292
Greater Cincinnati Behavioral Hearth (KY/OH) - (513) 354-5200
Mental Health Access Point (MHAP) (OH) - (513) 558-8888
Community Mental Health Center, Inc. (IN) - (812) 537-1302

Domestic Violence/Sexual Assault

Women’s Crisis Center (KY) - (859) 491-3335
Women Helping Women (OH) - (513) 381-5610
Support and Advocacy Services (IN) - (812) 537-1302

POLICY: SEXUAL MISCONDUCT

Sexual Misconduct Policy Statements

The Kentucky Community and Technical College System is committed to creating and maintaining a community where all persons who participate in college programs and activities can work and learn together in an atmosphere free of sexual misconduct. Therefore, KCTCS will not tolerate sexual misconduct as defined in this procedure. Such acts are prohibited by KCTCS policy and procedure,
as well as state and federal law. Persons whom KCTCS determines more likely than not have violated this procedure are subject to penalties up to and including expulsion or separation from KCTCS, regardless of whether they are also facing related criminal or civil charges before a government agency or court of law.

The KCTCS Sexual Misconduct Procedure applies to KCTCS students, faculty, and staff, as well as third parties who interact with the KCTCS community, and all KCTCS -sponsored programs, events, and activities, regardless of where the alleged sexual misconduct occurs. KCTCS will respond promptly and effectively to reports of sexual misconduct, and will take appropriate action
to prevent, to correct and, when appropriate, to discipline behavior that violates this procedure on sexual misconduct. KCTCS also will take steps in the event of sexual misconduct to remedy its discriminatory effects on the complainant and others, if appropriate. Provisions for the investigation and resolution of allegations covered in the procedure and its appendices.

The KCTCS President (or his designee) is responsible for ensuring this procedure is implemented at the KCTCS System Office and delegates to each College President/CEO (or their designees) the responsibility to ensure this procedure is implemented consistently at the college.

The KCTCS Sexual Misconduct Procedure governs KCTCS’ prohibition of sexual misconduct, dating violence, domestic violence, sexual assault, and stalking. These policies and procedures address the legal definition of those terms, the definition of consent, safe and positive options for bystander intervention, information on risk reduction, and policies and procedures should an incident of sexual misconduct occur. 

Through enforcement of policy and by education of students, employees and volunteers, KCTCS seeks to prevent, correct, and discipline behavior that violates our current and new policies. To ensure a harassment free workplace, KCTCS mandates the following:

• All employees complete applicable components of the mandatory KCTCS Harassment-Free Workplace Training program when initially hired and annually thereafter; additionally, volunteers must complete the training program when they begin their service.
• All employees, students, volunteers, customers, vendors, visitors, and other individuals shall engage in proper behavior and interactions.
• All supervisors, managers, and administrators shall take appropriate steps to report alleged incidents of harassment.

Upon receiving a complaint or becoming aware of suspect behavior, KCTCS officials shall take appropriate follow-up action for any alleged incidents of harassment.  All students, employees and volunteers, particularly supervisors, have a responsibility for keeping our environment free of harassment. Any student, employee or volunteer who becomes aware of an incident of alleged harassment, whether by witnessing the incident or being told of it, should report it to an immediate supervisor, the Title IX Coordinator, human resources staff, or the designated management representative with whom they feel comfortable.

When supervisors or managers become aware of alleged harassment, it is KCTCS policy that they immediately notify the college Title IX Coordinator, the college Human Resources Office, the KCTCS Human Resources Office, or KCTCS Office of Legal Services in order for the claim to be fully investigated.      

Description of Primary and Ongoing Sexual Assault Awareness and Prevention Training

In order to raise awareness around the issues of domestic violence, dating violence, stalking, and sexual assault KCTCS offers online training to all students through and employees using Safe Colleges.   All KCTCS colleges provide the training in both the Fall and Spring semesters to students.  Employees are required to take the training at the time of hire, and again in the fall of each year.  The training platform provides the following information to students and employees:

Definitions

Domestic Violence (KRS 403.720):

(1) "Domestic violence and abuse" means physical injury, serious physical injury, stalking, sexual abuse, assault, or the infliction of fear of imminent physical injury, serious physical injury, sexual abuse, or assault between family members or members of an unmarried couple; 
(7) "Substantial violation" means criminal conduct which involves actual or threatened harm to the person, family, or property of an individual protected by an order of protection. 

Stalking (KRS 508.130):

(1) (a) To "stalk" means to engage in an intentional course of conduct: 
1. Directed at a specific person or persons; 
2. Which seriously alarms, annoys, intimidates, or harasses the person or persons; and 
3. Which serves no legitimate purpose.  (b) The course of conduct shall be that which would cause a reasonable person to suffer substantial mental distress. 

(2) "Course of conduct" means a pattern of conduct composed of two (2) or more acts, evidencing a continuity of purpose. One (1) or more of these acts may include the use of any equipment, instrument, machine, or other device by which communication or information is transmitted, including computers, the Internet or other electronic network, cameras or other recording devices, telephones or other personal communications devices, scanners or other copying devices, and any device that enables the use of a transmitting device. Constitutionally protected activity is not included within the meaning of "course of conduct." If the defendant claims that he was engaged in constitutionally protected activity, the court shall determine the validity of that claim as a matter of law and, if found valid, shall exclude that activity from evidence.  

Sexual Misconduct (KRS 510.140): 

(1) A person is guilty of sexual misconduct when he engages in sexual intercourse or deviate sexual intercourse with another person without the latter's consent. 

(2) Sexual misconduct is a Class A misdemeanor.  

Lack of Consent (KRS 510.020):

(2) Lack of consent results from: 

(a) Forcible compulsion; 
(b) Incapacity to consent; or 
(c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

(3) A person is deemed incapable of consent when he or she is: 

(a) Less than sixteen (16) years old; 
(b) Sixteen (16) or seventeen (17) years old and the actor is at least ten (10) years older than the victim at the time of the sexual act; 
(c) An individual unable to communicate consent or lack of consent, or unable to understand the nature of the act or its consequences, due to an intellectual disability or a mental illness; 
(d) Mentally incapacitated; 
(e) Physically helpless; or 
(f) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. 

Safe and Positive Options for Bystander Intervention:

Information on safe and positive options for bystander intervention was presented through the lens of social norms and dispelled the myth that most students wouldn't act if they saw a situation that was potential leading up to a sexual misconduct assault. Options for bystander intervention included direct intervention, distraction, and delegation.   

Information on Risk Reduction: 

Safe College’s platform delivers risk reduction information without using language victim-shaming language.    It encourages students to look out for one another and stand up and speak out when they see an abusive situation occurring.  The program also provides a variety of tips to keep students mindful of their surroundings when at social events.  

Reporting Procedures for Sexual  Misconduct: 

KCTCS encourages any individual who has suffered an incident of sexual violence to seek immediate assistance from a medical provider and/or law enforcement. This is the best way to ensure that evidence is preserved and that a timely investigation and response are initiated.  

Importance of preserving evidence

An individual who is considering making a criminal complaint or taking other legal action should seek medical care as soon as possible after the assault. It is important for the individual to not bathe, douche, or change clothing prior to the medical examination in order to avoid inadvertently removing important evidence. The kind of evidence that supports a legal case against an accused should be collected within 72 hours of an assault. 

This evidence may also assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to college hearing boards/investigators or police.

How and to whom

KCTCS strongly encourages all individuals to report incidents of harassment, sexual assault, domestic violence, dating violence, and stalking to their college’s Title IX and/or local police. Reports can be made to the Title IX Coordinator by phone, email, or in person. Reports can also be made anonymously thought Ethics Point. 

Options about the involvement of law enforcement

All individuals who make a report of sexual misconduct to their college’s Title IX Coordinator have the right to decide whether to file a report with local law enforcement.  They may choose to notify local police independently, request assistance from the college to file a police report, or decline to notify such authorities.  While KCTCS ultimately respects the rights of the complainant’s decision to involve local police authorities there may be some circumstances that pose an ongoing threat to the health and safety of the campus community that may warrant a police investigation.  In these rare cases, a complainant still maintains the right to decide whether or not to cooperate with those authorities.   

Rights of Victim’s – Institutional Responsibilities for EPOs

It is the responsibility of students, faculty and staff with emergency protective orders to bring this to the attention of college administrators.  When this occurs, the college will attempt to assist in maintaining this protective order by calling local authorities should an individual violate this order.  If an individual is violating an emergency protective order on a KCTCS campus, we encourage the EPO holder to notify police and/or campus security immediately.

Confidentiality

KCTCS seeks to respect requests for confidentiality in its response to incidents of discrimination, harassment, and retaliation. However, it may be necessary to reveal certain personally identifying information to investigate and address complaints effectively. In such cases, the college takes steps to ensure that information is only shared as necessary, on a need-to-know basis, to resolve the underlying allegations.   

College employees, including faculty, administrators, staff, and student employees, must report to the Title IX Coordinator any incidents of possible sexual harassment, sex discrimination, or retaliation on campus of which they are aware. 

Disciplinary Proceeding

In every report of sexual misconduct, KCTCS will make a prompt assessment of whether the report concerns conduct covered by KCTCS’s sexual misconduct procedure.   KCTCS will also assess any risk of harm to individuals or to the campus community and will take steps necessary to address those risks.  These steps may include interim protective measures to provide for the safety of the individual and the campus community.  

Initial Assessment 

The initial steps for resolution of a complaint are the same whether the Respondent is a student, employee, or guest. Employee and guest Respondents will be processed in accordance with KCTCS employment policies and procedures. Student Respondents will be processed in accordance with the KCTCS Student Code of Conduct and student policies and Hearing Procedures for Student Respondents.

In every report of sexual harassment or misconduct, KCTCS will make an immediate assessment of any risk of harm to individuals or to the campus community and will take steps necessary to address those risks.  These steps may include interim protective measures to provide for the safety of the individual and the campus community.

After consideration of these factors, KCTCS has a range of response options, from informal resolution, which may include a remedies-based approach (reserved for less egregious violations) up through the disciplinary process.  If the violation warrants, the SO Title IX Committee will refer the matter for investigation.  The initial assessment may take one to three business days. 

Investigation

When the Initial Title IX Assessment concludes that an investigation is required, the college Title IX Coordinator and the SO Title IX Committee will designate an investigator from System Office with specific training and experience investigating allegations of sexual harassment and sexual misconduct.  KCTCS may use a team of multiple investigators, which may include the College Human Resources Director or other System Office investigators.   

The investigation will be a fair and reliable fact gathering process.  The investigation will be conducted thoroughly, impartially, and fairly. The investigation will be respectful of individual privacy concerns, but must be performed in a manner that will ensure KCTCS’s compliance with all state and federal laws, including provision of due process to the Respondent.  It is the complainant’s choice as to whether he/she participates in an investigation; however, KCTCS may proceed with an investigation without the complainant’s participation.   

KCTCS will seek to complete the investigation within 20 (twenty) business days of receiving the complaint.  This time frame may be extended depending on the circumstances of each case.  At the conclusion of the investigation, the investigators will forward the report to the System Office Title IX Committee for review and evaluation.

Formal Resolution

When an investigation demonstrates that sufficient evidence exists that a violation of policy and procedure has occurred, Respondents will be subject to disciplinary action based on their relationship to KCTCS. 

• For a student Respondent, disciplinary action may be taken by the student’s home college following a finding of responsibility by the Responsibility Assessment Committee.  (See Appendix B)
• For an employee Respondent, disciplinary action may be taken by the supervisor in accordance with employment policies and procedures.
• For a guest Respondent, KCTCS will take the necessary action to ensure the policy violation does not recur and, if appropriate, involve local law enforcement. 

Informal Resolution 

Informal resolution is a remedies-based, non-judicial approach designed to eliminate a hostile environment without taking disciplinary action against a Respondent.  Where the Title IX assessment concludes that informal resolution may be appropriate, KCTCS will take immediate action to protect the rights of the Complainant and remediate and correct the policy violations leading to the complaint.

Timeframe 

KCTCS seeks to resolve all reports within 60 days of the initial report.  All time frames expressed in this policy are meant to be guidelines rather than rigid requirements.  Extenuating circumstances may arise that require the extension of time frames, including extension beyond 60 days.  Extenuating circumstances may include the complexity and scope of the allegations, the number of witnesses involved, the availability of the parties or witnesses, the effect of a concurrent criminal investigation, any intervening school break or vacation, or other unforeseen circumstances. 

Prompt, Fair, and Impartial Process 

KCTCS seeks to resolve all cases of sexual misconduct in a manner that is prompt, fair, and impartial by ensuring the following rights and options are reserved for both the complainant and the respondent:

• The complainant and respondent will be provided the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the adviser of their choice.  While this choice is available, KCTCS will not allow the adviser to address the investigators or the hearing board at any point during this process.  The adviser is only available for emotional support and guidance.
• Both parties will receive simultaneous notification of the result of the disciplinary proceedings, procedures to appeal the results of a disciplinary proceeding, any chance to that result, and when the result becomes final. 
• The investigations and disciplinary proceedings will be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault and stalking. 

Sanctions for Policy Violation for Students:

Students found responsible for policy violations can result in the following sanctions: 

1. Reprimand: Official written or oral statement to the student that he or she is guilty of violating a college regulation. A reprimand warns that any further such actions may result in a more severe sanction. 
2. Restitution: Compensation to the college for damages to college property. 
3. Social Probation: Status given to less serious policy violations, and in some cases, a restriction of privileges for a specified time. 
4. College/Community Service: Service to the college or community of up to 16 hours be served within a specified time frame. 
5. Educational Sanction: An educational sanction requiring attendance or participation in a pre-arranged class, program, or activity designed to prevent or deal with high-risk behavior. 
6. Counseling: Student may be referred to counseling evaluation on appointment by Counseling Services. 
7. Eviction: Forced removal from a classroom or other college property. 
8. College Probation: Status that carries a severe warning that any further violation of college regulations that may result in the student going before the College Appeals Board for consideration of suspension or expulsion. This may include restrictions of privileges for a specified period of time.
9. Suspension: Forced withdrawal from the college for a specified period of time or until stated conditions have been met as determined by the College Appeals Board. College will place the Student Dean Hold service indicator for no future enrollments at the Home College or other KCTCS college during the specified period of time or until stated conditions had been met.
10. Immediate Suspension: A student may be suspended immediately when:
    1. In the judgment of the chief executive officer (upon consultation with the chief student affair’s officer), the presence of the student poses a serious threat to persons and/or property provided informal opportunity is first given to the student, except in the case of exigent circumstances, to discuss the matter and possible resolution.
    2. The student refuses to cease disruptive behavior or conduct in violation of this policy after direct orders from the chief executive officer (upon consultation with the chief student affair’s officer).
    3. When such suspension is involved, the student must leave the campus immediately. Students refusing to do so will be removed by law enforcement authorities and charged with trespassing. When a student is placed on immediate suspension, a disciplinary hearing will be held at the earliest reasonable time (see Student Code of Conduct Section 3.6.).
11. Expulsion: Permanent, forced withdrawal from the college as determined by the College Appeals Board. 

Accommodations/Protections:   

Students and employees who file claims of harassment have a variety of accommodations and/or protective remedies available to them.  One or more of the following may apply to the situation:

• referral to counseling services and other resources
• rescheduling of exams or assignments (in conjunction with appropriate faculty)
• no-contact letter 
• temporary class schedule reassignment · provision of an escort on campus property
• temporary work reassignment 

One or more of the following protective remedies may be enacted for the respondent: 

• administrative leave during the investigation and resolution  
• immediate temporary suspension from the college during the investigation and hearing process 
• interim volunteer duty reassignment 
• suspension of volunteer duty during the investigation; report of the matter to local law enforcement in the jurisdiction in which the college is located
• ban from college location(s) 
• limited access to college facilities or organizations pending resolution of the report 
• report of the matter to local law enforcement in the jurisdiction in which the college is located 

KCTCS further reserves the right to apply any other remedy that can be tailored to the involved individuals to achieve the goals of this policy. 

Complainants and respondents will be provided a copy of the KCTCS policy and procedure containing available resources and detailing the applicable resources, rights, and responsibilities involved in the complaint, investigation and adjudication process.

SEX OFFENDER REGISTRY

In compliance with the Federal Campus Sex Crimes Prevention Act of 2000, KCTCS, through the Kentucky State Police, makes information available to the campus community concerning registered sex offenders who may be employees or students at your college.

The Kentucky State Police provides sex crime offender registration information to the public through the Sex Offender Registry website. Search the KSP Sex Offender Registry Website.

According to the Kentucky State Police, this website is for public safety and awareness. Pursuant to KRS 525.070 and 525.080, use of information from this website to harass a sex offender is a criminal offense punishable by up to 90 days in the county jail. More severe penalties apply for more severe crimes committed against a sex offender.

PROCEDURES FOR EMERGENCY RESPONSE AND EVACUATION

Security and Crisis Management 

KCTCS Security and Crisis Management assists Gateway Campus Security departments with developing, maintaining, and implementing emergency operations plans, developing and conducting exercises, hazard and risk education, and building partnerships with external response agencies.

The System Office Crisis Management Team staffs the System Office Emergency Operations Center (EOC) and may be activated to provide resource and support services to Gateway EOC, if needed. The System Office Crisis Management Team is equipped to provide the following services to Gateway when requested:

• Public and media relations support
• Facilities support
• Temporary alteration of administrative and business policies and procedures
• Procurement of resource and support services
• After-action incident evaluation

Not all incidents will require an activation of your EOC. For smaller, routine campus incidents response operations may be managed virtually by several members of your Crisis Management Team. 

Emergency Action Plans detailing evacuation routes are provided in every building and classroom at Gateway.

Gateway regularly works with local law enforcement to ensure any incidents reported in the area, that may affect the college, are communicated.

Emergency Notification

Gateway uses a Safety Notification Alert Process (SNAP) for communication information quickly. Students are automatically signed up when they enroll at Gateway. Faculty, staff and interested individuals can sign up to receive SNAP messages.

In the event of an incident that requires the immediate notification to the campus community, a SNAP Alert will be issued, that will provide text, voice, broadcast and e-mail messages to all members of the Gateway community.  Face-to-face communication will be used in the event technology fails.  

Gateway has a SNAP Team and uses a consultation approach to confirm there is a significant emergency or dangerous situation involving an immediate threat to the health or safety of student or employees occurring on campus.  The Director of Security is responsible for confirming an emergency, with the assistance of Gateway administrators, local first responders and/or the national weather service.  Upon confirmation, Gateway will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. 

The Director of Communications, in consultation with the Crisis Management Team, and/or designated personnel, when possible, will determine the content of the notification, considering the scope of the notification based on the segment of the community at risk (e.g. targeted areas, campus wide, building specific)

The following personnel have the authority to activate an emergency notification in the event of an emergency, immediate threat, hazardous condition, natural disaster or other critical incident: 

SNAP Team Members:

• Administration
• Security Director
• Maintenance & Operations
• Campus Incident Response Team
• Information Technology

SNAP is not the only means the College uses to communicate emergency information to the College community. Gateway uses their website, local TV, radio, newspaper, and various social media.

Follow-up information will be provided to the Gateway campus community using some or all of the systems described above. The larger community, parents, neighbors, and other interested parties can access emergency information through the Gateway website or the media.

Training, Drills, and Exercises 

The campus conducts annual drills, exercises and appropriate follow-up training.  These activities are designed to improve emergency response on an ongoing basis. After action report briefings and corrective actions plans are developed and conducted for each exercise or activation. Documentation of past exercises which include exercise descriptions, date, time, whether the exercise was announced/unannounced are available for review upon request. Contact the Director of Security for more information or to make a request.

The Security Department documents and files each SNAP Alert test in its office. This includes a description of the drill or exercise, date, time of test, and how the test was announced or it was unannounced.

For more information, contact the Director of Security. 

Emergency Information posters are in every classroom and office.  They contain valuable information about what you should do when faced with the most common emergency situations.

It is important that all members of the campus community be familiar with these posters.  An important part of the evacuation process is knowing the exits from the building.  You should know at least 3 ways to get out in the event of an emergency. 

Evacuation is necessary in the event of a fire or a violent incident  when you can do so safely.  Sheltering inside the building is necessary during severe weather or tornado.  It  may also be necessary if there is a chemical spill or situation where you are safer inside than outside.

ANNUAL CRIME STATISTICS

Disclosure and Format of Annual Crime Statistics

Gateway maintains a Daily Crime Log of all crimes reported or investigated to the department for the most recent 60-day period. The information includes the date, time, location, nature of the crime and disposition of the complaint. The log is available in-person during normal business hours.  The log is also posted to the Gateway website.  In the event the there is an issue with the electronic log at Gateway, KCTCS has a centralized site where information can be obtained.

The Michael Minger Act is a Kentucky state law that requires public colleges and universities as well as private institutions licensed by the Kentucky Council on Postsecondary Education (CPE) to report campus crimes to their employees, students and the public on a timely basis.

The Minger Act requires a public crime log, to be available on-line, recording incidents known to campus police and other campus officials, as well as special reports when there is an ongoing threat to the safety of students and employees. Schools must also report their crime statistics annually to the CPE which has responsibility for developing formats for reporting crime statistics and for ensuring that annual reports are received from the institutions.

Gateway Michael Minger Act Reports for 2016 based on activity reported for calendar year 2015.

Crime Statistics 

The Clery Act requires each institution to disclose crime statistics that occur on three types of property: On Campus, Non-Campus, and Public Property areas.  The statistics must be gathered from campus security, local law enforcement, and campus security authorities.

Crime Statistics 2016 - 2018

Safety Tips from the Director

• Program the Security phone numbers in your cellphone.
• In an emergency, always call 9-1-1 first, then the Security Number.
• Know at least 3 ways  out of any classroom or building you are in.  Learn different ways to exit any building you are in.  Be aware of your surroundings!
• Report any suspicious persons or vehicles to Security.  Also report any inappropriate or threatening behavior to your Instructor and Security.