2023 Annual Security Report

Each college of the Kentucky Community and Technical College System is responsible for the preparation of the Annual Security Report in cooperation with Legal Affairs, Campus Security  Authorities, and local police agencies. The statistics include alleged and attempted crimes. All crimes reported in “good faith” and occurring on-campus, on public property surrounding our campuses, or in off campus college-owned buildings or property is recorded for inclusion in the annual crime statistics. This report provides statistics for the previous three academic years. The statistics are requested annually from local law enforcement agencies and submitted to the Public Safety Director 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 Public Safety  Office to avoid duplicated reporting. Our colleges do not have any student organizations at Off-Campus locations, therefore incidents related to off-campus activities of student organizations are not reported.

All of these statistics are gathered, compiled and reported to the campus community via the Annual Security Report which is published each year. Campus Public Safety Office  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 Public Safety Director.

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 the Campus Public Safety Office  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 the Campus Public Safety Office for purposes of disclosure in the annual crime statistics.

KCTCS colleges do not have a campus police department.  No campus personnel, have arresting powers. If physical measures are needed to ensure the safety and security of persons on campus, state or local police agencies shall be contacted.

While there are no MOUs with local or state enforcement agencies , KCTCS Colleges, Public Safety Directors   Deans, IT and Facilities Management maintain a strong working relationship with state and local police through training, meetings and communicating with local and state police agencies in the investigation of criminal offenses.

Off-Campus Student Organizations

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

Student Housing

OCTC does not operate student housing facilities.

Students, staff, faculty, and guests are strongly encouraged to promptly report all criminal actions or other emergencies occurring on campus to  the Public Safety Director, Dean(s) , any faculty or staff member,  or Campus Public Safety Office,  or local police agencies, if necessary .Crimes should be reported to the Public Safety Director 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 the Campus Public Safety Office  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.

Main Campus (MN) - Criminal incidents should be reported to the Public Safety Director at (270) 852-8977 or the Switchboard who will contact the Public Safety Officer in Charge, who will then contact the local police if necessary and if the police have not already been notified.

Southeastern Campus (SE) - Criminal incidents should be reported to Campus Public Safety Office at (270) 688-5041 during the hours of 8 a.m. – 4 p.m. during normal business days. The Public Safety Officer will then contact the local police if necessary and if the police have not already been notified.

Downtown Campus (DT) - Criminal incidents should be reported to the Campus Public Safety Office at (270) 688-5040 during the hours of 8 a.m. – 9 p.m. during normal business days. The Public Safety Officer will then contact the local police if necessary and if the police have not already been notified.

Contacts

The Switchboard Operator on the Main Campus, located in the Advanced Technology Center, Room 102, is open 7:30 a.m. to 6:30 p.m. Monday through Thursday, and 8 a.m. to 4 p.m. Friday during academic sessions.

The Public Safety line is (270) 852-8977.

If the Switchboard is not open, call one of the Campus Security Authority Personnel. This list includes the following:

• Public Safety Director – MN Campus Office, Admin. Bldg. Suite A112, Rm A109, (O) (270) 852-8977 or (C) (270)316-1660
• Public Safety Officer – MN Campus (Evenings) (270)316-3111
• Public Safety Officer – SE Campus Office, SE 222, (270) 688-5041
• Public Safety Officer – DT Campus Office, DT 14A, (270) 688-5040
• President – MN Campus Office, Admin. Building, A129, (270) 686-3790
• Vice President of Academic Affairs - MN Campus Admin Building, A130, (270) 686-4639
• VP of Advancement– MN Campus, Admin. Building, A114, (270) 686-4503
• Vice President of Business Affairs – MN Campus, Admin. Building, A104, (270) 686-4501
• Vice President of Student Affairs – MN Campus, Campus Center, 204B, (270) 686-4504
• Vice President of Workforce Solutions – Downtown Campus, DT3, (270) 686-4445
• Vice President of Information Technology – MN Campus, Learning Resource Center, LRE 202, (270) 686-4630
• Public Relations Director– MN Campus, Admin. Building, A128, (270) 686-4506
• Maintenance and Operations (M&O) Supervisor – MN Campus, M&O Building, (270)314-0442

Owensboro Community and Technical College will, upon written request, disclose to the alleged victim of a crime of violence (as that term is defined in section 16 of Title 18, United States Code), or a non-forcible sex offense, the report on the results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of this paragraph.

If someone appears to need help:

• Ask the individual if he/she is OK and ask what you can do to help.
• Be there for them, or have someone else be there, while you seek others who can assist. Contact someone who you believe can help. Talk to someone who can advise you and/or send help - do not leave messages. Call 911 if necessary.
• Remember: You are the person in charge until someone more qualified arrives on the scene and accepts command.
• Document - immediately after the incident or when you hand off command - no later than 24 hours - what happened while it is fresh in your mind and provide a copy to the Public Safety Office in the Business Office.

Additionally, Owensboro Community & Technical College is concerned with the safety and security of students, faculty, staff, and visitors at all of our locations and strives to provide a safe and secure environment.

Assistance is available in cases such as vehicle trouble and reporting criminal activity or accidents to campus  Public Safety and/or a local law enforcement agency. Once an incident is reported, it is imperative that the person who reported it follow through by completing an incident report form and forwarding it to the Public Safety Office in the Business Office. This document is used to provide information to submit to the OCTC Crime Log. The College’s response will depend upon the severity, nature, and frequency of the incident. Reports will be investigated and situations will be monitored on a case-by-case basis.

OCTC does not have professional or pastoral counselors on staff.

In some cases, the Public Safety Director (or equivalent official) will make timely warning reports to members of the campus community regarding criminal activity. The criminal activity must be serious in nature and likely to pose an ongoing or continued threat to the safety of students, staff, faculty, and guests. The decision to make a timely warning report will be made by the Dean, IT and Facilities Management or his/her designee. Notification is generally made through a campus-wide email bulletin to all members of the campus community.  Flyers may also be placed in the common areas of the buildings used by the campus community.  Timely warning information may be posted on the applicable KCTCS college websites and/or digital banners.

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

The Public Safety Director and the Vice President of Business Affairs are responsible for updating the crime log. The Vice President for Business Affairs and the Public Safety Director are responsible for preparing the annual disclosure of statistics.

Downtown Campus (DT)

At the Downtown Campus, the Public Safety Officer maintains direct communication with the appropriate local police, fire, and emergency medical response agencies in order to facilitate responses to emergencies in a timely manner. Campus Public Safety personnel have no arrest powers. Crimes committed at the DT Campus are reported to the Owensboro Police Department and when necessary to the Kentucky State Police or Kentucky Fire Marshal’s Office.

Public Safety is on site at the Downtown Campus from 8 a.m. to 9 p.m. on Monday through Thursday. On Friday’s there is A Public Safety on site from 8 a.m. to 4:30 p.m.

Currently, two Public Safety Officers that cover these hours. The Public Safety Director is available to assist with security issues at the Downtown Campus, if needed.

OCTC has a very good working relationship with the local police agencies. At the Downtown Campus, the main police agency is the Owensboro Police Department. OCTC does not have any formal MOUs with local law enforcement agencies.

Southeastern Campus (SE)

At the Southeastern Campus, the Public Safety Officer maintains direct communication with the appropriate local police, fire, and emergency medical response agencies in order to facilitate responses to emergencies in a timely manner.  The Campus Public Safety Officer have no arrest powers. Crimes committed at the Southeastern Campus are reported to the Daviess County

Sheriff’s Office and when necessary to the Kentucky State Police or Kentucky Fire Marshal’s Office. Public Safety is on site at the SE Campus from 8 a.m. to 4:30 p.m. Monday through Friday. Currently, there is one Public Safety Officer and that one Public Safety Student Officer covers these hours. The Public Safety Director is available to assist with security issues at the Southeastern Campus, if needed.

OCTC has a very good working relationship with the local police agencies. At the Southeastern Campus, the main police agency is the Daviess County Sheriff’s Department. OCTC does not have any formal MOUs with local law enforcement agencies.

Main Campus (MN)

At the Main Campus, the Public Safety Officers maintain direct communication with the appropriate local police, fire, and emergency medical response agencies in order to facilitate responses to emergencies in a timely manner. Crimes committed at the Main Campus are reported to the Owensboro Police Department and when necessary to the Kentucky State Police or Kentucky Fire Marshal’s Office. Other on- campus jurisdiction is shared with the Daviess County Sheriff’s Department. Campus Public Safety personnel have no arrest powers.

The Public Safety Office is located in the Administration Building on the MN Campus.  Public Safety is on site at the MN Campus from 7 a.m. to 9:30 p.m. The Public Safety Director, two Public Safety Officers, and two Public Safety Student Officers cover these hours.

OCTC has a very good working relationship with the local police agencies. At the MN Campus, the main police agencies are the Owensboro Police Department, Daviess County Sheriff’s Office, and the Kentucky State Police. OCTC does not have any formal MOUs with local law enforcement agencies.

Relationship with Local Authorities 

Whenever OCTC is the target of criminal activity, the decision to report such incidents to the local police is based on the severity of the matter and type of crime. OCTC encourages prompt reporting of all crimes to campus security and the appropriate law enforcement agencies, when the victim of a crime elects to or is unable to make such a report. However, there are some criminal reports that must be reported to local police under state law, including cases of domestic violence and child abuse.

No Deadly Weapons Allowed On Campus

In accordance with Kentucky Revised Statutes (KRS) 237; weapons, including concealed weapons, are not permitted on any OCTC campuses. Students are prohibited from storing or possessing weapons on campus. Weapons include, but are not limited to, firearms, pellet guns, bows and arrows, and knives.

Possession of deadly weapons by police acting on official duties is an exception to this policy. For additional information, please see KCTCS Administrative Policies and Procedure 3.3.23. Additionally, no deadly weapons signs are posted at each entrance of the campuses and on the main entrance doors of the buildings.

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

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

Twice a year we inform our students, faculty and staff about the Crime Log and College Safety and Security web site. Additionally, safety procedures are discussed at orientation for new students throughout the year. Personal safety and safety of possessions is stressed at orientation. Additionally, posters are placed throughout the three campuses with information about receiving text messages about significant safety, security, and operational events on campus. Students are automatically signed up for the SNAP Alert System when they enroll.

• Students can update their contact information by logging on to the Student Self-Service Center.
• Faculty, staff, and interested individuals can sign up for the SNAP Alert System. KCTCS/OCTC employees can update your contact information in PeopleSoft.
• Parents, board members or community members that are interested in receiving SNAP emergency messages from a KCTCS college can sign up at SchoolMessenger.

At the start of each academic year and semester, faculty are asked to take a few minutes during their first class to point out the building evacuation map and the Owensboro Community and Technical College Emergency Response Plan, which is posted in each classroom to their students. Safety, security and emergency management are also a topic for the Faculty Full-time/Part-time meeting held at the beginning of each fall and spring semester.

Owensboro Community and Technical College does not have any recognized student organizations at off-campus locations.

Campus Security Programs

Public Safety Student Officers– Students do foot patrols  complete security paperwork, and other duties as tasked on the Main, Downtown, and Southeastern Campuses.

OCTC’s Security Escort – Campus Public Safety Officers will provide safe escort to students, faculty, and staff from one point on campus to another upon request.

Orientation – An extended orientation for new students provides a broad range of issues related to college life, which includes safety and security issues. Campus safety, security, and emergency management professional development sessions are offered to faculty and staff.

Self Defense classes are offered through Workforce Solutions at the Downtown Campus throughout the year for a small charge.

WISE Domestic Violence Workshop is offered through the Daviess County Domestic Violence Taskforce. This workshop is open to faculty, staff, students and the public to raise awareness of the problem and offer training on reporting and handling certain situations.

Additional training for SNAP and PART members may be detailed under the Emergency Response tab.

• Public Safety Student Officers– Students do foot patrols complete security paperwork, and other duties as tasked on the Main, Downtown, and Southeastern Campuses.

• OCTC’s Security Escort – Campus Public Safety Officers will provide safe escort to students, faculty, and staff from one point on campus to another upon request.

• Orientation – An extended orientation for new students provides a broad range of issues related to college life, which includes safety and security issues. Campus safety, security, and emergency management professional development sessions are offered to faculty and staff.

• Self Defense classes are offered through Workforce Solutions at the Downtown Campus throughout the year for a small charge.

• WISE Domestic Violence Workshop is offered through the Daviess County Domestic Violence Taskforce. This workshop is open to faculty, staff, students and the public to raise awareness of the problem and offer training on reporting and handling certain situations.

Additional training for SNAP and PART members may be detailed under the Emergency Response tab.

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.

In the case of drug or alcohol abuse, a complete description of the following policy statements are available in the Counseling Center located in the Campus Center on the Main Campus.

• Student Code of Conduct
• Notice of Drug Related Conviction
• Drug and Alcohol Education and Training Drug and Alcohol Policy
• AIDS Awareness Information

Training and Counseling Resources

Continuous efforts are made to make students, faculty, and staff aware of both on-campus and off-campus programs which provide information and professional services on matters related to the abuse of alcohol and drugs.

Other counseling, treatment, and rehabilitation services are available in the communities throughout the state in which KCTCS employees are located. The Counseling Center on the MN Campus provides information to students on community resources that can assist with these services. OCTC has a licensed professional clinical counselor on staff. However, therapy is not part of the Counseling Center’s services. The Counselor can make referrals, provide academic and personal counseling, and conduct threat assessments. The College does not have pastoral counselors.

The Drug and Alcohol Abuse Information Station

The Drug and Alcohol Abuse Information Station is located at the entrance of the Campus Center. Email reminders are sent to all students prior to Fall and Spring Break about the dangers of alcohol poisoning. OCTC asks representatives from the Alliance for a Drug-free Owensboro and Daviess County to present current topics to students.

In addition, information from the Alliance for a Drug-free Owensboro and Daviess County initiatives are shared with the students via email. A Smoking Cessation program is offered once a semester. For additional information, please see KCTCS Administrative Policies and Procedures 3.3.13.2 KCTCS Alcohol Policy and 3.3.13 KCTCS Substance Abuse.

Students, faculty, staff, and visitors to campus are encouraged to annually review and be familiar with the KCTCS Sexual Misconduct Policy.

Review of this policy is required for faculty, staff, and student employees yearly for continued employment.

Sexual Misconduct Policy Statements: 

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

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

The KCTCS Title IX Sexual Harassment and 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, shall report it to an immediate super- visor, the Title IX Coordinator, human resources staff, or the designated management representative with whom they feel comfortable.

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

Description of Primary and Ongoing Sexual Assault Awareness and Prevention Training: In order to raise awareness around the issues of domestic violence, dating violence, stalking, and sexual assault KCTCS offers online training to all students and employees through Law Room Vector Solutions.

KCTCS colleges employ the messaging framework of the national ‘It’s On Us’ campaign to raise awareness of the program availability and increase participation rates. Vector Solutions training is available to both employees and students at all times. Employees are required to complete these components as part of their annual mandatory training. Student and employee training address the following topics: 

Definitions:

Dating Violence (KRS 158.070):

A pattern of behavior in which a person uses or threatens to use physical, mental, or emotional abuse to control another person who is in a dating relationship with the person, where one (1) or both persons are thirteen (13) to nineteen (19) years of age; or Behavior by which a person uses or threatens to use sexual violence against another person who is in a dating relationship with the person, where one (1) or both persons are thirteen (13) to nineteen (19) years of age.

Domestic Violence (KRS 403.715):

"Domestic violence and abuse" means physical injury, serious physical injury, 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.

Stalking (KRS 508.130):

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

Sexual Assault (KRS 510.110):

He or she subjects another person to sexual contact by forcible compulsion; or He or she subjects another person to sexual contact who is incapable of consent because he or she: Is physically helpless; Is less than twelve (12) years old; or Is mentally incapacitated; or being twenty-one (21) years old or more, he or she: Subjects another person who is less than sixteen (16) years old to sexual contact; Engages in masturbation in the presence of another person who is less than sixteen (16) years old and know or has reason to know the other person is present; or Engages in masturbation while using the Internet, telephone, or other electronic communication device while communicating with a minor who the person knows is less than sixteen (16) years old, and the minor can see or hear the person masturbate; or

Lack of Consent (KRS 510.020):

Lack of consent results from:

1. Forcible compulsion;
2. Incapacity to consent; or
3. If the offense charged is sexual abuse, any circumstance in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct.

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

1. Less than sixteen (16) years old;
2. An individual with an intellectual disability or an individual that suffers from a mental illness;
3. Mentally incapacitated;
4. Physically helpless; or
5. 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, dis-traction, and delegation.

Information on Risk Reduction:

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

Reporting Procedures for Sexual Misconduct:

Importance of preserving evidence:

It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/ area where they were assaulted if the offense occurred within the past 120 hours so that evidence may be pre- served. This evidence may also assist in proving that the alleged criminal offense occurred/or is occurring or may be helpful in obtaining a protection order. In 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 Coordinator and/or local police.  Reports can be made to the Title IX Coordinator by phone, email, or in person. Reports can also be made anonymously through Ethics Point. 

https://secure.ethicspoint.com/domain/media/en/gui/28458/index.html

When an individual files a report of sexual misconduct to a Title IX Coordinator the complainant and respondent will be provided a written explanation outlining the following:

• Existing counseling, health, mental health, victim advocacy, legal assistance, financial aid, and other services available both within the institution and in the community,
• Notification to victims about options for, available assistance in, and how to request changes in academic, transportation, working situations or protective measures. These accommodations are available to complainants even if they choose not to purse disciplinary actions.
• An explanation of the procedures in the disciplinary action process,
• An explanation of the student or employee’s rights and options.

Options about the involvement of law enforcement:

All individuals who make a report of sexual misconduct to their college’s Title IX Coordinator hold the right to decide whether to file a report with local law enforcement. They may choose to notify local police independently, request assistance from the college to file a police report, or decline to notify such authorities.

While KCTCS ultimately respects the rights of the complainant’s decision to involve local police authorities there may be some circumstances that pose an on- going threat to the health and safety of the campus community that may warrant a police investigation. In these rare cases, a complainant still maintains the right to decide whether or not to cooperate with those authorities.

Rights of Victims – Institutional Responsibilities for EPOs:

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

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 Proceedings: 

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 https://secure.ethicspoint.com/domain/media/en/gui/28458/index.html and student policies and the Hearing Procedures for Student Respondents.  Formal complaints for violations of the Title IX Sexual Harassment and Misconduct Procedure may result in a Formal Grievance Hearing.

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 pro- vide for the safety of the individual and the campus community.

Investigation: 

When the Initial Title IX Assessment concludes that an investigation is required, KCTCS will designate an investigator(s) with specific training and experience investigating allegations of sexual harassment and sexual misconduct. KCTCS may use a team of multiple investigators, which may include the College Human Resources Director with a System Office investigator, or two System Office investigators, or outside investigators working on behalf of KCTCS.

The investigation will be an objective fact-gathering process conducted in a thorough, impartial, and fair manner. The investigation will be respectful of individual privacy but must be performed in a manner that will ensure KCTCS’ compliance with all state and federal laws, including affording due process to the parties. 

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

Formal Resolution:

When an investigation demonstrates that sufficient evidence exists that a violation of policy and procedure has occurred, KCTCS will initiate a hearing in accordance with the Formal Hearing Process.

Informal Resolution: 

Informal resolution is strictly voluntary process that aims to provide a mutually acceptable alternative to a full investigation and adjudication. Informal Resolution is not an option for complaints involving student allegations of prohibited conduct by employees. Where the Title IX assessment concludes that informal resolution may be appropriate, KCTCS will take immediate action to protect the rights of the Complainant and remediate and correct the policy violations leading to the complaint.

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 con- current criminal investigation, any intervening school break or vacation, or other unforeseen circumstances.

Prompt, Fair, and Impartial Process: 

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

• The complainant and respondent will be provided the same opportunities to have others present during any institutional investigation or disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. Different requirements apply to advisors during the investigation process versus during the hearing process, please see the procedure for details.
• Both parties will receive notifications for each step of the process in accordance with the procedural requirements.

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

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 affairs officer), the presence of the student poses a serious threat to persons and/or property provided informal opportunity is first given to the student, except in the case of exigent circumstances, to discuss the matter and possible resolution.
    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 re- fusing 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
    Supportive Measures: Upon receipt of a report of prohibited conduct, KCTCS may offer and enact supportive measures to restore or preserve equal access to education programs or activities, to protect the safety of the educational environment, and/or to deter sexual harassment.
    1. Supportive measures are non-disciplinary, non-punitive individualized services offered as reasonably appropriate and available without fee or charge.  Supportive measures may be provided regardless of whether a Formal Complaint has been filed or formal disciplinary action is sought or pursued against the Respondent. Both Complainant and Respondent are eligible for appropriate supportive measures.  Such measures may include, but are not limited to:
       • referral to counseling services and other resources,
       • extensions of deadlines or other course-related adjustments,
       • modifications of work or class schedules, campus escort services,
       • mutual restrictions on contact between the parties,
       • changes in work or class locations, leaves of absence,
       • increased security and monitoring of certain areas of the campus, and other similar measures that can be tailored to the involved individuals to ensure equal access.
    2. Supportive measures will be kept confidential to the extent possible, but some measures may require information to be provided to parties who are not involved with the report of prohibited conduct—for example, in order to receive flexibility on coursework, faculty may be notified that the student is experiencing a Title IX-related issue and requires extended time. As another example, supervisors may be notified that an employee’s Title IX-related issue requires additional approved leave or a flexible work schedule. Details of the issue itself would not be included in such notice.  The Title IX Coordinator will coordinate and implement supportive measures.
    3. The Title IX Coordinator will promptly contact the Complainant to discuss the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain to the Complainant the process for filing a Formal Complaint.

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.

KCTCS Safety and Emergency Services assists Campus Public Safety Offices  with developing, maintaining, and implementing emergency operations plans, developing and conducting exercises, hazard and risk education, and building partnerships with external response agencies. KCTCS Procedure 523-P is followed for Critical Incidents and other preparedness measures.

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

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

SNAP

The College has a SNAP Team that is composed of employees on the Main, Downtown, and Southeastern Campuses. The SNAP Team includes the following employees with titles that include the following: Vice President of Academic Affairs, Interim VP of Advancement, Vice President of Student Affairs, Vice President of Business Affairs, Vice President of Information Technology, Interim Dean of Academic Affairs, Associate Dean of Student Affairs, HR Director, Manager of External Educational Programs, Director of Adult Education Services, PR Director, Director of Maintenance and Operations, Public Safety Director, as well as Public Safety Officers, Southeastern Campus Faculty and two Maintenance Technicians.

When should SNAP be used?

• Emergency Campus Closing
• Shooting and Shooting Threats
• Building Evacuation
• Hostage Situation
• Extensive Utilities Outage
• Gas Leak
• Fire
• Plane Crash
• Bomb Threat
• Transportation/Road Issue
• Natural Disaster
• Crime Sprees – Series of Robberies or attacks
• Weather Alerts
• Snow Delay or Closing
• Tornado Warning
• At the Request of Local Law Enforcement

Training, Drills, & Exercises

Each semester, the campuses conducts drills, exercises and appropriate follow-up training.  These activities are designed to improve emergency response on an ongoing basis. After action report briefings and corrective actions plans are developed and conducted for each exercise or activation.

Training opportunities are provided by the Public Safety Office to all OCTC Faculty and Staff. Annually. In the Fall of  2022,  three  training events were offered- Active Aggressor with approximately 100 faculty and staff receiving training in person or via video training, OSHA -10 Training, in which approximately 12 faculty and staff were trained, and  AED/ CPR / Stop the Bleed training, which was offered  over a period of 7 Weeks, with approximately  of 57 trained in AED and CPR , and 33 in Stop The Bleed.

Documentation of past exercises which include exercise descriptions, date, time, whether the exercise was announced/unannounced are available for review upon request. Contact the Public Safety Office  for more information or to make a request. 

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

The Safety Notification and Alert Procedure (SNAP) Committee is tasked with the responsibility of sending the SNAP alert messages. The Committee consists of members from each of the three campuses.

A test of the SNAP emergency notification system tested the emergency notification system for the entire OCTC population enrolled in SNAP. Notifications are sent out  that we test the system for functionality and timeliness.

The College conducted a full SNAP Emergency Notification Procedure  test for 2021-2022 Academic Year on 1 December 2021.  The results of the test were analyzed and, all students, faculty, and staff were notified that the test revealed some issues that have been resolved. Subsequent tests followed independently and concurrent with drills or exercises.

Additionally, the results were  documented by an official report of the results, both positive and negative. The report will be retained for seven years in the Business Office.

All members of the OCTC Executive Team and the Prevention, Assessment, and Response Team (PART), completed FEMA Independent Study Courses online on Incident Command System (ICS), the National Incident Management System (NIMS) and other courses related to Emergency Operations. This training is documented in the Emergency Operations Plan located in the Safety and Security Director’s Office. The purpose of this training is to increase awareness and responsiveness to an emergency event, big or small, on any OCTC campus.

Distribute Emergency Procedures

OCTC publishes the Campus Safety and Crisis Policies on the College’s Campus Safety webpage.

In addition, each classroom contains a visible Emergency Response Plan. This document is an abbreviated version of the Campus Safety and Crisis Policies document. The link to this document was sent to all faculty via e-mail this fall. The procedures include, accident reporting, acute emergency procedures, fire drill procedures, actual fire procedures, emergency exit plan details, tornado, earthquake, shots heard on campus, crime awareness and campus security, drug/ alcohol abuse help information, violent incident procedures and emergency numbers.