Gender Based Misconduct

Statement of Policy

It is the policy of Calvary Bible College and Theological Seminary to promote a learning, living, and work environment that is free of all forms of harassment. Harassment on the basis of race, color, sex, sexual orientation, gender identity or expression, condition of pregnancy, religion, national and ethnic origin, age, disability, and military or veteran status undermines the basic principles of the community, biblical teachings, and applicable laws. It is not acceptable behavior at Calvary Bible College and Theological Seminary and will not be tolerated.

 

If a student requires extended class absences due to pregnancy or childbirth as deemed necessary by the student’s doctor, the student may request an “I” incomplete (6 week) extension and/or Leave of Absence without reduction of grade or additional cost.

 

Harassment is defined as the use of derogatory comments or acts directed toward an individual’s race, color, sex, sexual orientation, gender identity or expression, condition of pregnancy, religion, national and ethnic origin, disability, or military or veteran status that:

  1. Humiliate and/or intimidate an individual;
  2. Have the purpose or effect of creating a hostile or offensive working or educational environment;
  3. Impede and/or interfere with work performance, academic status, or campus life.

 

Sexual Harassment

Sexual harassment is a form of sex discrimination and is a violation of Calvary Bible College and Theological Seminary policy as well as federal and state statutes.  Calvary Bible College and Theological Seminary views with the utmost seriousness offenses against an individual such as

stalking, inappropriate sexual touching, sexual assault, and any other form of non-consensual sexual activity.

 

For the purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, sexual assault, and all other verbal and physical conduct of a sexual nature when:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status;
  2. Submission to or rejection of such conduct by an individual is used as a basis for employment or academic decisions affecting an individual;
  3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive environment in which to work or learn.

Calvary Bible College and Theological Seminary considers harassment a very serious matter.  Any person found to be engaging in sexual harassment will be subject to disciplinary action, up to and including expulsion from Calvary Bible College and Theological Seminary or its residence halls.

 

 

Examples of Sexual Harassment

Sexual harassment can be directed toward a person of the opposite sex or same sex and can take many forms. Sexual harassment may occur regardless of the intention of the person engaging in the conduct. The following are some examples of conduct which, if unwelcome, may constitute sexual harassment, depending upon the totality of the circumstances, including the severity of the conduct and its pervasiveness:

 

  • Sexual advances (whether they involve physical touching or not);
  • Requests for sexual favors in exchange for actual or promised academic or job benefits such as favorable grades or continued employment;
  • Sexual jokes;
  • Use of sexual epithets, written or oral references to sexual conduct, gossip regarding one’s sex life, and comments on an individual’s body, sexual activity, deficiencies, or prowess;
  • Displaying sexual objects, pictures, written materials, or cartoons;
  • Leering, brushing against the body, sexual gestures or suggestive or insulting comments;
  • Sexual exhibitionism;
  • Inquiries into one’s sexual activities;
  • Cyber-harassment including non-consensual videos or audio recordings of sexual activity;
  • Sexual assault or coerced sexual acts.

 

Sexual Assault

The most egregious form of sexual harassment is sexual assault which will not be tolerated at Calvary Bible College and Theological Seminary.  Not only does any form of sexual assault violate Calvary's institutional policies of purity, it also violates federal and state laws.

 

For the purposes of sexual assault violations, the following definitions apply:

 

A person who attempts to or knowingly causes another person to engage in a sexual or deviate sexual act—

 

  1. By using force against that other person; or
  2. By threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping; or
  3. By rendering another person unconscious and thereby engaging in a sexual act with that other person; or
  4. By administering to another person by force or threat of force, or without the knowledge or permission of that person, a drug, intoxicant, or other similar substance and thereby—
    1. Substantially impairing the ability of that other person to appraise or control conduct; and
    2. Engages in a sexual act with that other person; or
    3. By causing another person to engage in a sexual act by threatening or placing that other person in fear (other than by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping); or
    4. By engaging in a sexual act with another person if that other person is—
      1. Incapable of appraising the nature of the conduct; or
      2. Physically incapable of declining participation in, or communicating unwillingness to engage in that sexual act;

commits sexual assault.[1]

 

Calvary Bible College and Theological Seminary defers to current Missouri Revised Statutes (RSMO) Chapter 566 regarding specific definitions of sexual assault.

 

Although ANY sexual activity is prohibited by Calvary's institutional purity policies, please be informed of the following definitions and guidelines as defined by federal and/or state law.

 

Consent and Communication

Consent is an understandable exchange of affirmative words or actions that indicate a willingness to participate in mutually agreed upon sexually explicit touching or sexual penetration. Consent must be informed and freely and actively given.  It is incumbent upon each individual involved in the activity to either obtain or give consent prior to any sexual activity, and again, prior to sexual penetration. If at any time during the sexual interaction any confusion or ambiguity should arise on the issue of consent, it is incumbent upon each individual involved in the activity to stop and clarify, verbally, the other’s willingness to continue.

 

  • A verbal “no,” even if it may sound indecisive or insincere, constitutes lack of consent.
  • When consent is requested verbally, absence of any explicit verbal response constitutes lack of consent.
  • It is expected that, after consent has been established, a person who changes his/her mind during the sexual activity will communicate through words or actions his/her decision to no longer proceed.
  • Past consent to sexual activity does not imply future on-going consent, and the fact that two persons are in an on-going relationship does not preclude the possibility that sexual misconduct or sexual assault might occur within that relationship.
  • A student’s use of alcohol and/or other drugs does not diminish a student’s responsibility to obtain consent.

 

Sexually explicit touching is the unwanted touching of another person in a sexual manner.  Examples of sexually explicit touching include, but are not limited to, the touching, either directly or through clothing, of another person’s genitalia, breasts, inner thigh, or buttocks of any person with a clothed or unclothed body part or object.  Sexually explicit touching through the use of coercion or where the person is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity is considered sexual assault.

 

Coercion is the use of force, or the threat of force; the use of a threat of immediate or future harm; or the use of physical or severe and/or pervasive emotional intimidation to cause or attempt to cause another person to engage in or submit to certain activities.  Coercion also includes the administration of a drug, intoxicant, or similar substance that impairs the faculties of a person.

 

Incapacity is defined as a person incapable of giving consent because he/she is asleep, unconscious, losing or regaining consciousness, or clearly mentally or physically incapacitated.  Signs of being incapacitated include, but are not limited to, difficulty walking, inability to speak in a coherent manner, and vomiting or the presence of vomit.

 

Clear communication is required by Sexual Assault definitions, which require each participant to obtain and give consent before engaging in any sexual activity.  Relying solely upon nonverbal communication is not sufficient. Communication is a foundational process that affects all of our relationships and interactions.  Any sign of reservation or hesitation should be clarified verbally before proceeding.

 

Alcohol and Other Drugs

In addition to it being a violation of Calvary Bible College and Theological Seminary's institutional rules and regulations, the consumption of alcohol and/or the use of drugs often lowers inhibitions, can cause some people to become more aggressive, and always impairs judgment.  Sexual activity with someone who has consumed alcohol or drugs creates the potential for later dispute over questions of consent.  Sexual activity with a person who is thus impaired may be considered a violation of the law and the Student Code of Conduct. Conversely, being under the influence of alcohol is not an excuse for committing sexual assault. 

 

It is a violation of Calvary Bible College and Theological Seminary's policy and Missouri law to have any sexual activity with someone who is unable to give consent because of alcohol or drugs

or other impairment.  If your partner is very drunk, you may be guilty of sexual misconduct even if your partner said yes.

 

Procedures and Resources

When a student is sexually assaulted, he/she has reporting options. If a student has just experienced an assault and needs immediate assistance, he/she should get to a safe place.  A student should then: 

  1. Call Calvary Security at (816)898-2989 or the South Kansas City Police Department at 911.  Either will help whether or not a student chooses to prosecute the assailant. Reporting a sexual assault to the police does not commit someone to further legal action.  In an off-campus emergency, the student is encouraged to call 911 or the police department in the city or town where he/she is located. 
  2. The student is also encouraged to call a friend, family member, or someone he/she trusts and can talk with (e.g., Residence Director (RD), Resident Assistant (RA), Dean of Students, or Dean of Women).
  3. Get medical attention immediately. St. Luke's East Hospital, St. Joseph's Medical Center, Truman Medical Center – Lee's Summit, and Research Medical Center are experienced and prepared to help sexual assault victims.  A prompt medical examination will test for pregnancy (where applicable) and STDs and can secure valuable evidence that can be used later, should the student wish to have the assailant prosecuted.
  4. Seek counseling. Regardless of whether a student reports the assault, it is often helpful to seek counseling to cope with the traumatic experience. The counseling services provided by Calvary Bible College and Theological Seminary are available regardless of where or when the assault may have occurred.
  5. File a complaint with the appropriate Calvary Bible College and Theological Seminary employee (see Reporting Harassment and Harassment Investigation).
  6. Upon receipt of a sexual assault complaint, the designated CBC employee will provide the options of pursuing a criminal complaint with the Kansas City Police Department or other jurisdiction, (i.e., State Police, or other local police departments), pursuing CBC’s investigation, or pursuing both options at the same time. 

 

Reporting Gender Based Misconduct

Calvary Bible College and Theological Seminary is committed to stopping misconduct in all of its forms. Any CBC student who believes that he/she has been subjected to misconduct has the right to file a complaint through the procedures delineated below.

 

Calvary Bible College and Theological Seminary encourages individuals to report incidents of misconduct, regardless of who the alleged offender may be. CBC will not pursue disciplinary action against a student who claims to be a victim of misconduct in connection with reporting that misconduct or against students named as witnesses. 

 

Student complaints about a CBC student, faculty, or staff member can be made to:

Jolayne Rogers, Human Resources/Title IX Coordinator

Email: Jolayne Rogers

Phone:(816)322-0110 ext 1311

 

Cory Trowbridge, Dean of Students, Title IX Investigator

            Email: Cory Trowbridge

            Phone: (816)322-0110 ext 1309

 

Kim Bailey, Dean of Women, Title IX Training Coordinator

            Email: Kim Bailey

            Phone: (816)322-0110 ext 1329

 

Each of the above CBC officials is available to discuss any concerns you may have and to provide information to you about Calvary Bible College and Theological Seminary's policy on misconduct and the complaint process.

 

After reporting an incident of misconduct, students may request alterations related to academic classes, housing and/or dining services, Student Life activities, or other accommodations based on the circumstances.   Decisions regarding such requests will be made by the designated CBC official after consultation with appropriate Calvary Bible College and Theological Seminary faculty and/or staff while preserving confidentiality to the extent possible.

 

Depending upon the circumstances, both students in a case may be issued administrative orders to have no contact with each other. This allows the matter to proceed without any possible harassment or miscommunication between parties. 

 

While Calvary Bible College and Theological Seminary has an obligation to investigate every complaint of misconduct, if a student wishes the details of an incident to be kept strictly confidential, he/she may speak privately with the Director of Calvary's Biblical Counseling Center (or designee) or a counselor at the Metropolitan Organization to Counter Sexual Assault (MOCSA) (816)531-0233. Requests for confidentiality will be honored unless there is an imminent danger to the student or to others.

 

Misconduct Investigation

Except in extraordinary circumstances, all misconduct complaints will be investigated and a decision made and communicated within 60 business days of receiving the complaint. Individuals are assured that complaints will be treated as confidentially as possible, subject to Calvary Bible College and Theological Seminary's obligation to investigate and respond appropriately to any and all allegations of misconduct. 

 

Complainants are also advised that CBC will investigate allegations of misconduct and take appropriate action, even if the complainant does not wish to pursue or participate in the disciplinary process, but any response by CBC may be hindered by the complainant’s wishes for anonymity and/or inaction.

 

Calvary Bible College and Theological Seminary has adopted both informal and formal resolution procedures to deal with misconduct complaints. CBC will also ensure that no person who is the subject of a complaint will be assigned to investigate the complaint.

 

Informal Resolution

After discussion and investigation, some complaints may be resolved informally. With the assistance of the designated CBC official, the complainant may choose to write or speak with the offending person directly, which may be sufficient to bring a satisfactory response. Or, the designated official may speak with the offending person or facilitate a meeting between the complainant and the offending person. Individuals sometimes find that through these informal procedures they are able to reach an acceptable resolution.

 

Formal Resolution

The formal complaint procedure is initiated after a written complaint has been filed with the designated official asking for a formal investigation to be conducted.

 

If the offending party is a student, the case will heard by the Calvary Bible College and Theological Seminary Judicial Board according to judicial procedures outlined in the Gender Based Misconduct Procedures Manual.

 

A student judicial hearing may accommodate concerns for the personal safety, well-being, or fears of confrontation of the charged student, complainant, or witnesses during the hearing by providing alternate means of communication when it is determined to be appropriate by the Judicial Officer.

 

If the offending party is a faculty or staff member, a formal investigation will be held by the designated CBC official and another senior level CBC administrator.  All investigations will include private interviews with the individual filing the complaint, the person alleged to have committed the misconduct, as well as third-party witnesses, and will also include consideration of other relevant evidence.  When the investigation has been completed, the designated official will inform both the complainant and the subject of the complaint of the outcome.

 

Retaliation or False Reporting

A retaliatory action or behavior taken toward an individual as a consequence of his/her decision to report a violation or pursue action or criminal prosecution or a retaliatory action or behavior taken toward an individual who cooperates in an investigation is prohibited. Retaliatory acts may include, but are not limited to: threats, intimidation, or harassment.  Such retaliation shall be considered a serious violation of policy and shall be independent of whether a charge of harassment is substantiated. Encouraging others to retaliate also violates the policy.

Calvary Bible College and Theological Seminary also considers filing an intentionally false report of misconduct a violation of this policy.    

 

Prevention

Calvary Bible College and Theological Seminary endeavors to proactively prevent gender-based misconduct, specifically sexual assaults, by implementing the following:

  • Escort Program
  • Deterrent Signage
  • Deterrent Camera Surveillance
  • Armed Security Officers
  • Defense Training
  • Education for Men and Women

 

Education

Calvary Bible College and Theological Seminary endeavors to educate students, faculty, and staff about gender based misconduct in a variety of ways:

  • Incoming students are required to attend Orientation, which includes training on sexual violence prevention and bystander intervention. This course is available for all continuing students as well.
  • Calvary's Biblical Counseling Center's library contains a variety of titles addressing sexual harassment (including sexual assault) which are available to all students.
  • Training on harassment is held for faculty, staff, and student staff (RA’s and Orientation Leaders).
  • Training on misconduct and conducting misconduct investigations is held for designated Calvary officials.
  • The Dean's Department and Calvary Security provide on-campus programming relating to sexual harassment (including sexual assault).
  • Calvary Bible College and Theological Seminary's Gender Based Misconduct policy, Title IX Policy, and related resources are communicated to in-coming students during New Student Orientation, to returning students in their registration packets, and to new faculty and staff members at their Orientation. 

 

Student Support and Resources

Calvary Bible College and Theological Seminary encourages students to make use of appropriate resources and will assist all persons involved in an allegation of misconduct. Support structures include the Dean of Students, Dean of Women, the Director of Calvary's Biblical Counseling Center (or designee), the Resident Assistants, the Resident Directors, and the Chief of Security (or designee).  Each office is prepared to offer assistance to students both in an emergency and on an on-going basis.  In addition to these on-campus resources, referrals for off-campus counseling and support services can be provided for both the student complainant and the accused student at the student's request. 

 

Kansas City community resources include:

 

  • National Sexual Assault Hotline:  800-656-HOPE (4673)

www.rainn.org/get-help/national-sexual-assault-hotline

 

  • Metropolitan Organization to Counter Sexual Assault (MOCSA) 24/7 crisis line (816)531-0233 or (913)642-0233   www.mocsa.org/ndhlp_sxa.php

 

  • SAFEHOME Shelter 24-Hour Crisis Hotlines 

(913)262-2868 or 888-432-4300

 

State and Federal Remedies

In addition to the above, if you believe you have been subjected to misconduct, you may file a formal complaint with the following government agencies:

 

  • United States Equal Employment Opportunity Commission (EEOC)

John F. Kennedy Federal Building, 475 Government Center

Boston, MA 02203

800-669-4000

www.eeoc.gov

 

  • Missouri Commission on Human Rights

3315 W. Truman Blvd., Room 212, P.O. Box 1129

Jefferson City, MO 65102-1129

Toll Free Complaint Hotline: 877-781-4236

Email: mchr@labor.mo.gov

www.labor.mo.gov/mohumanrights

 

  • Office for Civil Rights (OCR)

United States Department of Education

33 Arch Street, Suite 900

Boston, MA 02110-1491

(617)289-0111

Email: ocr.Boston@ed.gov

www.ed.gov/ocr



[1] Revised from Missouri Revised Statutes Chapter 566.